LAW

NATIONAL DEFENSE AND SECURITY INDUSTRY AND INDUSTRIAL MOBILIZATION

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly of Vietnam hereby promulgates the Law on National Defense and Security Industry and Industrial Mobilization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for the positions, tasks, principles, organizations, operations, resources, regulations, policies, and responsibilities of agencies, organizations, and individuals concerning national defense and security industry and industrial mobilization.

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For the purpose of this Law, the following terms shall be construed as follows:

1. National defense and security industry is an important and specialized sector of the national industry, a basic component of the national defense and security strength and potential, which is tasked with research, design, creation, manufacture, repair, conversion, improvement, modernization, and shelf-life extension of weapons, equipment, and technical devices, technical supplies, and other products and services serving national defense and security, contributing to the industrialization, modernization, and protection of the Fatherland and socio-economic development.

2. Industrial mobilization is a task of military mobilization, mobilizing part or all of the capacity of enterprises outside of the armed forces of any economic sector to manufacture, repair, convert, improve, modernize, and extend the shelf life of weapons and equipment for the People’s Army and the Militia and Self-Defense Forces; research and manufacture technical supplies for national defense. Industrial mobilization shall be prepared and implemented in peacetime and practiced upon local or general mobilization orders and during the state of war.

3. Core national defense industry facilities are facilities invested in by the State and state-owned enterprises established or with establishment guidelines approved by the Minister of National Defense of Vietnam or assigned to the Ministry of National Defense of Vietnam for management, operating as the core in the construction and development of the national defense industry and industrial mobilization.

4. Core security industry facilities are facilities invested in by the State and state-owned enterprises established or with established guidelines approved by the Minister of Public Security of Vietnam or assigned to the Ministry of Public Security of Vietnam for management, operating as the core in the construction and development of the security industry.

5. Mobilized facilities refer to enterprises and organizations outside of the armed forces or enterprises with stakes from the State under the management of the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam that are eligible according to this Law and mobilized to participate in national defense and security industry operations.

6. Mobilization industry facilities are enterprises outside of the armed forces eligible for engagement in industrial mobilization and permitted to register, manage, and complete the industrial mobilization line according to this Law to carry out industrial mobilization.

7. Weapons and equipment include weapon types, weapon combinations, ammunitions, equipment, materials, supporting technical equipment, software, and products and equipment serving cipher operations and cyberspace operations for people’s armed forces, cipher forcers, and other law enforcement forces.

8. Strategic weapons and equipment are weapons and equipment that are high-tech, advanced, modern, systematically integrated, and powerful, meeting the requirements for Fatherland protection.

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10. Technical devices includes machinery, devices, technical device systems, support tools, software, products, equipment serving cipher operations and cyber security, and other equipment serving professional operations of public security forces and other law enforcement forces.

11. Special technical devices refers to technical devices with modern features and high technologies capable of operations concerning prevention, deterrence, suppression, and breakthrough in the protection of national security and social order and safety, included in the list of special assets of People’s Public Security Force.

12. Dual-use technology refers to the technology used for national defense and security and people’s welfare.

13. National defense and security services are advisory, non-advisory, trade, investment, and technology services for the national defense and security industry provided by national defense industry facilities, security industry facilities, and other eligible organizations under the law.

14. National defense and security manufacturing is the process of creating products to meet national defense and security demands. National defense and security manufacturing includes:

a) National defense manufacturing, which is the process of researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of weapons and equipment; manufacturing products and equipment serving cipher operations and operations in cyberspace; manufacturing technical supplies and other products for national defense and security;

a) Security manufacturing, which is the process of researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of technical devices; manufacturing products and equipment serving cipher operations in public security operations; manufacturing cyber security products; researching, designing, creating, manufacturing, converting, improving, and modernizing weapons according to the law; manufacturing technical supplies and other products for security.

15. National defense and security products are products created from national defense and security manufacturing, including national defense products and security products.

16. Industrial mobilization products include weapons and equipment manufactured, repaired, converted, improved, modernized, and with shelf life extended and technical supplies manufactured in peacetime upon local or general mobilization orders and during the state of war implemented by mobilization industry facilities.

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18. Industrial mobilization targets refer to the number of industrial mobilization products implemented under decisions on the assignment of industrial mobilization tasks.

19. Industrial mobilization preparation refers to operations and measures to be ready to practice industrial immobilization and manufacture industrial mobilization products according to the assigned targets.

20. Industrial mobilization practice refers to the implementation of industrial mobilization plans upon local or general mobilization orders and during the state of war.

21. Foundation technology is the ground for other technologies to apply during national defense and security manufacturing.

22. Core technology is the core technology that is decisive for forming and ensuring the quality of national defense and security products.

23. General project manager is the head who directs the implementation of programs, schemes, and projects on the research and creation of strategic weapons and equipment and special technical devices.

Article 3. Application of Law on National Defense and Security Industry and Industrial Mobilization and relevant laws

1. The operations of the national defense and security industry and industrial mobilization shall comply with the Law on National Defense and Security Industry and Industrial mobilization and relevant laws.

2. Where there are discrepancies between the Law on National Defense and Security Industry and Industrial Mobilization and other laws regarding the same matter, the Law on National Defense and Security Industry and Industrial Mobilization shall prevail with respect to the following contents:

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b) Assignment of tasks and placement of orders for the manufacture of national defense and security products; methods of selecting contractors for bidding packages for the manufacture and provision of national defense and security products; Appraisal Councils for projects of group A; methods of selecting investors and contractors for programs and projects on investment in and procurement of supplies for manufacturing for the national defense and security industry with contents determined as state secrets classified as “secret” or above; negotiation and conclusion of contracts for receipt of transfers of technologies, joint venture, and association with foreign partners;

c) Competence in approving and concluding contracts for the implementation of national scientific and technological tasks; reserve budget estimates for scientific and technological tasks for research on and manufacture of strategic weapons and equipment and special technical devices;

d) Prices of weapons and equipment and technical devices when applying the general pricing method with specific contents; designation of suppliers and application of price negotiation to the procurement of sample products, supplies, and special semi-finished products for manufacture concerning national defense and security;

dd) Exemption from civil responsibilities when engaging in activities of science, technology, and creative innovation severing the national defense and security industry; benefits and policies applicable to leading scientists, specialists, and chief engineers;

e) Benefits and policies for workers in core national defense industry facilities and core security industry facilities.

3. Where laws promulgated after the effective date of the Law on National Defense and Security Industry and Industrial Mobilization stipulate specific regulations on the national defense and security industry and industrial mobilization different from this Law, it is mandatory to specify contents that must comply with the Law on National Defense and Security Industry and Industrial Mobilization and vice versa and contents that must comply with such laws, excluding Clause of this Article.

Article 4. Positions and tasks of national defense industry, security industry, and industrial mobilization

1. The national defense industry is a component of the national defense and security industry with the following tasks:

a) Implementing national defense manufacturing;

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c) Storing technical supplies for the national defense industry and industrial mobilization;

d) Providing training for national defense industry personnel;

dd) Engaging in international cooperation in the national defense industry;

e) Participating in socio-economic development and Vietnam's industrialization and modernization;

g) Implementing other tasks according to the law.

2. The security industry is a component of the national defense and security industry with the following tasks:

a) Implementing security manufacturing;

b) Ensuring professional and technical supplies for people's public security forces, cipher forces, and other law enforcement forces;

c) Storing technical supplies for the security industry;

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dd) Engaging in international cooperation in the security industry;

e) Participating in socio-economic development and Vietnam's industrialization and modernization;

g) Implementing other tasks according to the law.

3. Industrial mobilization is a task of military mobilization, including:

a) Surveying, selecting, registering, managing, and monitoring the capacity of enterprises eligible for industrial mobilization;

b) Assessing the capability to ensure weapons and equipment of core national defense industry facilities and other sources of assurance for determination of industrial mobilization demands;

c) Developing industrial mobilization plans;

d) Assigning industrial mobilization tasks and targets; assigning tasks, placing orders, and organizing bidding for industrial mobilization product manufacturing;

dd) Completing, managing, and maintaining the capacity of industrial mobilization lines;

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g) Organizing industrial mobilization drills;

h) Practicing industrial mobilization.

Article 5. Principles of constructing and developing national defense and security industry and industrial mobilization

1. Compliance with strict and direct leadership regarding all aspects of the CPV and the consistent management of the State.

2. Compliance with the Constitution and the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory.

3. Self-reliance, self-empowerment, dual-use, modernity, and proactivity in international integration in which internal force is the decisive factor.

4. Promotion of the synergy in the construction and development of the national defense and security industry and industrial mobilization; assurance of weapons and equipment and technical devices for people’s armed forces in any situation.

5. Neat, compact, strong, efficient, and consistent organizational structure, conforming with national defense and security.

6. Close solidarity and maximized promotion of the capacity of the national defense industry and security industry; assurance of practicality and efficiency and prevention of duplication in the construction and development of the national defense industry and security industry.

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Article 6. State policies on national defense and security industry and industrial mobilization

1. Prioritization of the assurance of budget and specific policies and regulations applicable to the national defense and security industry and industrial mobilization.

2. Construction and development of core national defense industry facilities and core security industry facilities in a neat, compact, strong, efficient, advanced, and modern manner; close association of research, design, and creation with manufacture and repair, meeting the requirements for military, national defense, and security tasks.

3. Prioritization of resources for scientific and technological development and creative innovation concerning national defense and security.

4. Maximized promotion of resources of the national industry, construction and development of infrastructures for the national defense and security industry and industrial mobilization; attraction, training, and effective use of high-quality personnel for national defense and security industry.

5. Construction and development of the national defense and security industry in the direction of dual-use and close association, aiming to become the spearhead of the national industry.

6. Encouragement and facilitation for agencies, organizations, individuals, and enterprises to participate in the national defense and security industry and industrial mobilization.

7. Intensification of international cooperation in constructing and developing the national defense and security industry.

Article 7. State Steering Committee for national defense and security industry

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2. The Prime Minister of Vietnam shall decide on the establishment, tasks, entitlements, and organization of the State Steering Committee for the national defense and security industry.

Article 8. Prohibited acts

1. Leaking state secrets concerning the construction and development of the national defense industry and security industry and industrial mobilization.

2. Destroying, damaging, and illegally trading, gifting, leasing, mortgaging, utilizing, and using other equipment and assets assigned to national defense industry facilities, security industry facilities, and mobilization industry facilities by the State.

3. Illegally trading, storing, and using weapons and equipment, technical devices, technical supplies, and industrial mobilization products.

4. Illegally appropriating, using, trading, and transferring technological information, documents, inventions, processes, and secrets that are state secrets concerning the national defense and security industry and industrial mobilization.

5. Obstructing and avoiding responsibilities in the implementation of tasks of constructing and developing the national defense and security industry and the preparation and practice of industrial mobilization.

6. Taking advantage of positions and entitlements to commit illegal acts in the national defense and security industry and industrial mobilization.

7. Committing gender-based discrimination in the national defense and security industry and industrial mobilization.

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NATIONAL DEFENSE AND SECURITY INDUSTRY

Section 1. PLANNING FOR NATIONAL DEFENSE INDUSTRY AND PLANNING FOR SECURITY INDUSTRY

Article 9. Principles of formulating national defense industry planning and security industry planning

1. National defense industry planning and security industry planning mean national industry planning, formulated, appraised, approved, disclosed, and revised under this law and planning laws.

2. Assurance of consistency and scales conformable with Vietnam’s socio-economic development strategies and plans; development of national defense industry and security industry in the direction of dual-use and modernity, aiming to become the spearhead of the national industry and ensuring weapons and equipment and technical devices for national defense and security demands.

3. Effective utilization and use of the domestic and foreign potential and resources for the construction and development of the national defense industry and security industry.

Article 10. Grounds to formulate national defense industry planning and security industry planning

1. Socio-economic development strategies and national defense and security strategies; demands for the assurance of weapons and equipment and technical devices for people’s armed forces and other law enforcement forces.

2. National master planning, national land use planning, and national marine spatial planning; national defense and security tasks and socio-economic development tasks of Vietnam; previous planning.

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Article 11. Contents of national defense industry planning and security industry planning

1. Analysis and assessment of factors, natural conditions, socio-economic development situations of Vietnam, resources, circumstances, and current state of the national defense industry and security industry.

2. Forecast on the development trend of the national defense industry and security industry during the planning period.

3. Determination of socio-economic development requirements with respect to the national defense industry and security industry; opportunities and challenges regarding the development of the national defense industry and security industry.

4. Viewpoints, objectives, requirements, and tasks.

5. System of national defense industry facilities and system of security industry facilities.

6. Key programs and projects.

7. Solutions and resources for the implementation of planning.

8. Other contents according to planning laws.

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1. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall assign tasks of formulating national defense industry planning and security industry planning to specialized agencies managing the national defense industry and security industry.

2. The mentioned agencies tasked to formulate planning shall:

a) Develop planning tasks and report them to the Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam for assessment and consideration for requesting the Prime Minister of Vietnam to grant approval;

b) Develop planning and present it to the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam; the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall collect feedback from ministries, ministerial agencies, provincial People’s Committees, and relevant agencies and units on the planning;

c) Receive and explain suggestions and complete planning dossiers for presentation to the Planning Appraisal Council established by the Prime Minister of Vietnam;

d) Research, present, and receive appraisal suggestions to revise and complete planning for reports to the Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam for assessment and consideration for questing the Prime Minister of Vietnam to grant approval.

3. The disclosure of national defense industry planning and security industry planning shall comply with planning and state secret protection laws.

4. Revision to national defense industry planning and security industry planning upon changes to planning formulation grounds shall comply with planning laws.

Section 2. MANAGEMENT OF NATIONAL DEFENSE AND SECURITY MANUFACTURING

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1. Assurance of close combination between research, design, creation, manufacture, and repair and utilization and use of weapons and equipment and technical devices.

2. Determination of the responsibilities of agencies and units in the management of national defense and security manufacturing; strict inspection and supervision of product quality, progress, and manufacturing processes from the state of manufacture plan formulation to the testing and delivery of products.

3. The provision of national defense and security products shall be carried out by task assignment, order placement, and contractor selection methods according to this Law and bidding laws. The implementation of task assignment and order placement for national defense and security products shall be prioritized at core national defense industry facilities and core security industry facilities according to plans for national defense manufacturing and plans for security manufacturing.

4. National defense manufacturing plans and security manufacturing plans shall conform with the equipment demands and ensure the maintenance of the manufacturing capacity of the national defense and security manufacturing lines.

5. Task assignment, order placement, and bidding for the manufacture of national defense and security products shall ensure confidentiality according to state secret protection laws.

Article 14. Contents of management of national defense and security manufacturing

1. Contents of management of national defense and security manufacturing include:

a) Development and approval for the list of national defense and security products; plans for national defense manufacturing and plans for security manufacturing;

b) Task assignment, order placement, and bidding;

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d) Manufacturing organization;

d) Product testing and delivery;

e) Inspection and report.

2. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall develop and implement national defense manufacturing plans and security manufacturing plans within their management scope.

3. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, within their tasks and entitlements, elaborate on Clause 1 of this Article.

Article 15. Assignment of tasks of manufacture of national defense and security products to national defense industry facilities under management of Ministry of National Defense of Vietnam and security industry facilities under management of Ministry of Public Security of Vietnam

1. Assignment of tasks of manufacturing national defense and security products shall be implemented in the following cases:

a) Research, design, creation, testing, manufacture, repair, conversion, improvement, modernization, and shelf-life extension of national defense and security products for tasks of training, combat readiness, and combat of armed forces;

b) Manufacture of national defense and security products for urgent tasks;

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d) National defense products manufactured by one national defense industry facility; security products manufactured by one security industry facility;

dd) National defense and security products without technical-economic norms;

e) Other cases of assurance of national defense and security tasks under decisions of the Minister of National Defense and Security and the Minister of Public Security of Vietnam.

2. The assignment of tasks of manufacturing national defense and security products to national defense industry facilities under the management of the Ministry of National Defense of Vietnam and security industry facilities under the management of the Ministry of Public Security of Vietnam is stipulated as follows:

a) Agencies directly managing national defense industry facilities and security industry facilities shall be assigned tasks and budgets for the manufacture of national defense and security products;

b) National defense industry facilities and security industry facilities shall have functions, tasks, and adequate capacity for engaging in the manufacture of national defense and security products.

3. Competence in assigning tasks of manufacturing national defense and security products is stipulated as follows:

a) The Minister of National Defense of Vietnam shall assign tasks of manufacturing national defense products and budgets to agencies, units, and enterprises affiliated with the Ministry of National Defense of Vietnam; the Minister of Public Security of Vietnam shall assign asks of the manufacture of security products and budgets to agencies, units, and enterprises affiliated with the Ministry of Public Security of Vietnam;

b) Agencies, units, and enterprises affiliated with the Ministry of National Defense of Vietnam shall assign tasks to national defense industry facilities under their jurisdiction with functions and tasks of manufacturing national defense products; agencies, units, and enterprises affiliated with the Ministry of Public Security of Vietnam shall assign tasks to security industry facilities under their jurisdiction with functions and tasks of manufacturing security products;

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1. Placement of orders for the manufacture of national defense and security products shall be carried out through contracts between agencies, units, and enterprises and national defense industry facilities and security industry facilities.

2. Placement of orders for the manufacture of national defense and security products shall be carried out in the following cases:

a) National defense and security products with technical-economic norms;

b) Research, design, creation, pilot creation, testing, repair, conversion, improvement, modernization, and shelf-life extension of national defense and security products;

c) Series manufacture of national defense and security products;

d) Fulfillment of national defense and security tasks in necessary cases.

3. The placement of orders for the manufacture of national defense and security products at national defense industry facilities under the management of the Ministry of National Defense of Vietnam and security industry facilities under the management of the Ministry of Public Security of Vietnam is stipulated as follows:

a) Agencies and units of the Ministry of National Defense of Vietnam, the Ministry of Public Security of Vietnam, and other law enforcement forces shall be assigned with tasks or organizations and individuals that have needs and are eligible for the management and use of national defense and security products as prescribed by the law;

b) National defense industry facilities and security industry facilities placing orders shall have functions, tasks, and adequate capacity for engaging in order placement.

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1. Methods of contractor selection for bidding packages for the manufacture and provision of national defense and security products shall be limited bidding, direct contracting, and contractor selection in special circumstances.

2. The methods mentioned above shall be carried out under bidding laws.

Article 18. Task assignment, order placement, and bidding for manufacture of industrial mobilization products

1. The Minister of National Defense of Vietnam shall assign tasks of manufacturing industrial mobilization products and budgets to agencies and units affiliated with the Ministry of National Defense of Vietnam.

2. Agencies and units of the Ministry of National Defense of Vietnam shall assign mobilization industry facilities to carry out tasks, order placement, or bidding for the manufacture of industrial mobilization products.

3. Mobilization industry facilities providing products and services prescribed in Clauses 1, 2, 3, 4, 5, and 7 Article 29 of this Law shall apply the direct contracting method. The direct contracting shall be carried out under bidding laws.

4. The Minister of National Defense of Vietnam shall stipulate the task assignment and order placement for the manufacture of industrial mobilization products.

Article 19. Task assignment, order placement, and bidding for mobilized facilities

1. Mobilized facilities shall participate in the national defense and security industry under task assignment, order placement, or bidding.

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a) Task assignment shall be carried out for fields prescribed in Clause 4 Article 29 of this Law;

b) Order placement shall be carried out for fields prescribed in Clause 3 Article 29 of this Law;

c) Direct contracting shall be carried out for fields prescribed in Clauses 1, 2, 5, 6, and 7 Article 29 of this Law. Direct contracting shall be carried out under bidding laws.

3. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, within their tasks and entitlements, decide on the task assignment and order placement for mobilized facilities.

Section 3. RESOURCES FOR NATIONAL DEFENSE AND SECURITY INDUSTRY

Article 20. Financial sources for national defense and security industry

1. State budget.

2. Financial sources of enterprises, including equity and other legally mobilized capital sources according to the law.

3. National defense and security industry fund and other legal funds for expenditures on the national defense and security industry.

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Article 21. Management of financial sources for national defense and security industry

1. Prioritization of the allocation of resources in the 5-year financial plans, 3-year finance-state budget plans, and annual state budget estimates for tasks of national defense and security manufacturing of core national defense industry facilities and core security industry facilities based on balancing capacity of the state budget.

2. The State shall ensure the sufficient provision of the initial charter capital, additional investment, and increased charter capital from state budget revenues for core national defense industry facilities and core security industry facilities.

3. In urgent cases, it is permitted to use the central budget reserves for tasks concerning investment in and manufacture of national defense and security products according to state budget laws.

4. The profit after tax in the manufacturing and trading of core national defense industry facilities and core security industry facilities after the provision for specific funds as prescribed by the law may be wholly used for the following tasks according to the regulations of the Government of Vietnam:

a) Provision for the national defense and security industry fund;

b) Support for research, creation, and manufacture of new products and high technologies and cost offsetting for enterprises responsible for unsuccessful tasks of researching strategic weapons and equipment and special technical devices;

c) Transfer of the profit after tax to the state budget after the provision and expenditure on tasks prescribed in Points a and b of this Clause for the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam to assign tasks and order placement for manufacture or procurement of weapons and equipment and technical devices of core national defense industry facility and core security industry facilities.

5. The unused budget for procuring or manufacturing strategic weapons and equipment and special technical devices may be carried over to the next year's budget until the testing or liquidation of contracts or the end of tasks.

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Article 22. National defense and security industry fund

1. The national defense and security industry fund is an off-budget financial fund established at the central level and managed by the Government of Vietnam that supports the implementation of urgent, new, and high-risk tasks or the research and creation of strategic weapons and equipment and special technical devices.

2. The national defense and security industry fund is established from the following financial sources:

a) Support from the state budget;

b) Legal capital sources decided by competent authorities;

c) Provision from profit after tax according to Point a Clause 4 Article 21 of this Law;

d) Voluntary contributions of domestic and overseas organizations and individuals;

dd) Other legal financial sources as prescribed by the law.

3. Operational principles of the national defense and security industry fund:

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b) Management and use for proper, legal, timely, and effective purposes;

c) Support for the implementation of urgent, new, and high-risk tasks or the research and creation of strategic weapons and equipment and special technical devices.

4. The Government of Vietnam shall elaborate on the establishment, management, allocation, and use of the national defense and security industry fund.

Article 23. Investment and manufacturing for national defense and security industry

1. Programs and projects concerning the national defense and security industry shall have their resources concentrated, capital sufficiently allocated, and be prioritized for inclusion in annual and medium-term public investment plans.

2. Regarding programs and projects on investment in and procurement of supplies with contents determined as state secrets classified as “secret” or above, according to state secret protection laws, to implement tasks concerning the national defense and security industry, bidding packages of such programs and investments shall be determined as bidding packages necessary for the protection of state secrets and subject to direct contracting. Direct contracting shall be carried out under bidding laws.

3. Programs and projects of research and manufacture of strategic weapons and equipment and special technical devices may apply the emergency public investment procedure according to the Law on Public Investment. The procurement of sample products, supplies, and special semi-finished products for national defense and security manufacturing shall be carried out under the instructions of providers and apply the price negotiation method according to the regulations of the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam.

4. Regarding investment projects on receipt of technologies transferred from overseas for the national defense and security industry with investment guidelines pending approval, it is permitted to negotiate and conclude contracts with foreign partners to have grounds for the approval for investment projects.

5. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall perform as the President of the Appraisal Council for reports on feasibility research regarding programs and projects of group A concerning the national defense and security industry under their management.

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1. Activities of science, technology, and creative innovation serving the national defense and security industry shall meet the following requirements:

a) Conformity with guidelines and strategies for constructing and building the national defense and security industry; promotion of internal force in activities of science, technology, and creative innovation;

b) Products of scientific research and technological development shall comply with the regulations on task assignment from research, design, creation, testing, assessment, and pilot manufacture to the testing of products eligible for manufacturing;

c) Compliance with regulations on the management and use of design documents and technological documents in national defense and security research and manufacturing;

d) Promotion of creative innovation, initiative, technical improvement, and manufacturing rationalization.

2. Activities of science, technology, and creative innovation in the national defense and security industry include:

a) Researching, designing, creating, converting, improving, modernizing, and extending the shelf life of weapons and equipment, technical supplies, technical devices, and products serving people’s welfare;

b) Developing technical standards, technical regulations, design documents, and technological documents in national defense and security manufacturing;

c) Researching, designing, creating, improving, and modernizing manufacturing lines and equipment to ensure the safety and improve productivity, product quality, and dual-use features;

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dd) Researching and applying basic science; developing and mastering the foundation technology, core technology, and technology for the creation of products serving the national defense and security industry;

e) Searching, deciphering, applying, and transferring new technologies and high technologies serving the national defense and security industry;

g) Cooperating in transferring technologies serving the national defense and security industry.

Article 25. Personnel for national defense and security industry

1. Personnel for the national defense and security industry include:

a) Personnel at core national defense industry facilities, core security industry facilities, and other national defense industry facilities and security industry facilities;

b) Personnel at mobilization industry facilities directly participating in industrial mobilization tasks;

c) Personnel at mobilized facilities during the implementation of national defense and security industry tasks.

2. Personnel at core national defense industry facilities, core security industry facilities, and other national defense industry facilities and security industry facilities include:

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b) Contracted workers;

c) Specialists and scientists under job orders or advisory cooperation;

d) Persons with conformable professions and professional qualifications mobilized by competent authorities to participate in the national defense and security industry during the state of war and emergencies concerning national defense, national security, and social order and safety.

3. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, based on the requirements for the construction and development of the national defense and security industry, take charge and cooperate with ministries, relevant central authorities, and domestic and foreign research and training facilities in developing and implementing programs, schemes, and plans for the provision of personnel training and advanced training. The development of programs on training and advanced training for general project managers serving the research, design, manufacturing, and creation of strategic weapons and equipment and special technical devices shall be prioritized.

4. Prioritization of the recruitment of scientists, specialists, and highly skilled workers who have participated in and completed scientific and technological programs, schemes, projects, and research topics serving the national defense and security industry to core national defense industry facilities and core security industry facilities.

5. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, within their scope of management, develop recruitment regulations and policies on the attraction of high-quality personnel and personnel engaging in professions or fields relevant to the demands of the military and public security to serve the national defense and security industry; arrange jobs according to payroll titles and management levels in conformity with training fields.

Article 26. Technical supply reserves for national defense and security industry

1. The State shall ensure the reserves of technical supplies serving the national defense industry and the security industry that are not possible to be domestically manufactured; reserve technical supplies meeting demands for use in peacetime and during the first year of war and tasks of national security protection, socio order and safety assurance, prevention and combat against crimes, or emergencies concerning national security and social order and safety.

2. The Ministry of National Defense of Vietnam shall take charge and cooperate with ministries and relevant central authorities in formulating lists of and developing plans for technical supply reserves for the manufacture of weapons and equipment for training, combat readiness, and the first year of war for presentation to the Prime Minister of Vietnam for decisions.

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4. The Prime Minister of Vietnam shall decide on the revision and addition of lists of technical supply reserves for the national defense industry and the security industry.

Article 27. Land used for national defense and security industry

1. Land used for the national defense and security industry is national defense and security land according to land laws.

2. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, within their scope of management, take charge and cooperate with competent authorities in formulating and implementing planning for national defense land use and planning for security land use under land laws, which contain land used for the construction and development of core national defense industry facilities and core security industry facilities.

Section 4. DEVELOPMENT OF DUAL-USE NATIONAL DEFENSE AND SECURITY INDUSTRY

Article 28. Development of dual-use technologies

1. The State prioritizes and encourages the research and development of dual-use technologies for socio-economic development and national defense and security assurance.

2. The transfer of dual-use technologies shall be carried out as follows:

a) Core national defense industry facilities and core security industry facilities may transfer technologies serving the people’s welfare industry to create products with high added value, improve the competitiveness of such products, and participate in the global supply chain;

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3. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, based on their functions and tasks, develop lists of dual-use technologies prioritized for investment and development for presentation to the Prime Minister of Vietnam for approval.

Article 29. Mobilized facilities' fields during participation in national defense and security industry

1. Research and manufacture of details, accessories, supplies, and semi-finished products of national defense and security products.

2. Research and application of the foundation technology, the core technology, and high technologies serving the national defense and security industry.

3. Provision of personnel training and advanced training; provision of products and services concerning enterprise management, information safety, and high technology.

4. Payment and credit extension services.

5. Transfer of technologies to core national defense industry facilities and core security industry facilities.

6. Manufacture of products serving national defense and security through joint ventures and associations with core national defense industry facilities and core security industry facilities.

7. Provision, reserve, and preservation of supplies for national defense and security manufacturing.

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1. Facilities mobilized to participate in the national defense and security industry shall meet the following conditions:

a) Having physical facilities, personnel, and equipment meeting the requirements for participation in the national defense and security industry;

b) Ensuring safety and confidentiality;

c) Enterprises shall ensure the trading conditions according to investment laws and relevant laws aside from the conditions prescribed in Points a and b of this Clause.

2. Facilities shall be mobilized to participate in the national defense and security industry through cooperation, joint ventures, associations, and the transfer of technologies between the people’s welfare industry and the national defense and security industry. Cases of provision of payment and credit extension services shall be carried out under credit institution laws.

3. The Government of Vietnam shall elaborate on this Article.

Article 31. Rights and obligations of facilities mobilized to participate in national defense and security industry

1. Facilities mobilized to participate in the national defense and security industry may:

a) Have their rights and legitimate benefits protected by the State while participating in the national defense and security industry;

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c) Enjoy benefits and policies prescribed in Points c, d, and dd Clause 1 Article 64 of this Law and manufacturing and provision of public product and service laws when directly participating in the fields prescribed in Article 29 of this Law.

2. Facilities mobilized to participate in the national defense and security industry shall:

a) Participate in the national defense and security industry following the assigned scope, tasks, plans, and fields and comply with concluded contracts;

b) Ensure the confidentiality of information according to state secret protection laws;

c) Comply with the regulations on inspection and report regarding the national defense and security industry according to the law.

Article 32. Rights and obligations of core national defense industry facilities and core security industry facilities manufacturing products for people’s welfare

1. Core national defense industry facilities and core security industry facilities manufacturing and providing services and products serving people’s welfare may:

a) Use personnel and physical facilities for research, manufacturing, and provision of services and products serving people’s welfare, participation in socio-economic development, and transfer of technologies serving the people’s welfare industry;

b) Receive incentives concerning credit, land, and other incentives according to the law when participating in the research, manufacturing, and provision of products and services concerning new and modern technologies with leading roles with respect to the national industry and the economy;

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2. Core national defense industry facilities and core security industry facilities manufacturing and providing services and products serving people’s welfare shall:

a) Carry out capital conservation according to the law on the management and use of state capital invested in manufacturing and trading at enterprises;

b) Ensure the safety and confidentiality of state secrets while manufacturing services and products for people’s welfare;

c) Implement separate accounting for revenues from services and products for people’s welfare.

Section 5. ORGANIZATION AND OPERATION OF NATIONAL DEFENSE INDUSTRY

Article 33. System of national defense industry facilities

1. Core national defense industry facilities.

2. Other national defense industry facilities.

3. Facilities mobilized to participate in the national defense industry.

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Article 34. Criteria for and types of core national defense industry facilities

1. A core national defense industry facility shall meet the following criteria:

a) Being an enterprise directly serving national defense and security or being an organization whose establishment and establishment guidelines are decided and approved by the Minister of National Defense of Vietnam or assigned to the Ministry of National Defense of Vietnam for management;

b) Having functions and tasks of researching, designing, creating, manufacturing, converting, improving, modernizing, and extending the shelf life of weapons and equipment; repairing weapons and equipment at operational and strategic levels; manufacturing technical supplies; manufacturing products and equipment serving cipher and cyberspace operations; providing training for personnel of the national defense industry and industrial mobilization; engaging in military commercial activities and providing national defense industry services; storing weapons and equipment and technical supplies of strategic levels;

c) Having organization and payroll equivalent to the brigade level or higher in the People’s Army.

2. Types of core national defense industry facilities:

a) Single-member limited liability companies according to enterprise laws;

b) Public service providers;

c) Facilities storing weapons and equipment and technical supplies of strategic levels.

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Article 35. Operations of core national defense industry facilities

1. Researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of weapons and equipment serving national defense and security; researching, designing, creating, and manufacturing technical supplies; manufacturing products and equipment serving cipher and cyberspace operations serving national defense and security.

2. Manufacturing and providing other products and services to ensure the operations of the national defense industry.

3. Providing training for personnel of the national defense industry and industrial mobilization.

4. Transferring technologies, documents, guidelines, and personnel training; participating in testing products and lines; inspecting and receiving products in the preparation and practice of industrial mobilization.

5. Storing weapons and equipments and technical supplies of strategic levels for the national defense industry and industrial mobilization.

6. Engaging in joint ventures and associations with domestic and foreign organizations, individuals, and enterprises for manufacturing and trading according to the law.

Article 36. Functions, tasks, and organization of other national defense industry facilities

1. Other national defense industry facilities are facilities invested in by the State and state-owned enterprises established by the Minister of National Defense of Vietnam or assigned to the Minister of National Defense of Vietnam for management, serving national defense and security. Other national defense industry facilities shall have the following functions and tasks:

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b) Storing and preserving weapons and equipment and technical supplies;

c) Transferring technologies, documents, guidelines, and personnel training; participating in testing products and lines; inspecting and receiving products in the preparation and practice of industrial mobilization.

2. Other national defense industry facilities shall have organization and payroll equivalent to the regiment level or lower in the People’s Army.

3. The Minister of National Defense of Vietnam shall stipulate the functions, tasks, organization, and payrolls of other national defense industry facilities.

Article 37. Operations of mobilization industry facilities

1. Implementing scientific research and applying scientific and technological progress to industrial mobilization.

2. Providing professional advanced training for workers arranged in industrial mobilization lines.

3. Managing the quantity and equality of assigned specialized equipment and technological documents.

4. Managing industrial mobilization plans.

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6. Carrying out tasks relevant to the preparation and practice of industrial mobilization according to this Law.

Section 6 ORGANIZATION AND OPERATION OF SECURITY INDUSTRY

Article 38. System of security industry facilities

1. Core security industry facilities.

2. Other security industry facilities.

3. Facilities mobilized to participate in the security industry.

Article 39. Criteria for and types of core security industry facilities

1. A core national defense industry facility shall meet the following criteria:

a) Being an enterprise directly serving national defense and security or being an organization whose establishment and establishment guidelines are decided and approved by the Minister of Public Security of Vietnam or under the management of the Ministry of Public Security of Vietnam;

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c) Having organization and payroll equivalent to the department level or higher in the People’s Public Security Force.

2. Types of core security industry facilities:

a) Single-member limited liability companies according to enterprise laws;

b) Public service providers;

c) Facilities storing special technical devices and technical supplies.

3. The Ministry of Public Security of Vietnam shall, based on Clauses 1 and 2 of this Article, formulate a list of core security industry facilities for presentation to the Prime Minister of Vietnam for approval.

Article 40. Operations of core security industry facilities

1. Researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of special technical devices; researching, designing, creating, and manufacturing technical supplies; manufacturing protects and equipment serving cipher operations in public security operations according to cipher laws and cyber security products serving public security operations; researching, designing, creating, manufacturing, repairing, converting, improving, and modernizing weapons according to the law.

2. Manufacturing and providing other products and services to ensure the operations of the security industry.

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4. Transferring technologies, documents, guidelines, and personnel training; participating in testing products and lines; inspecting and receiving products for the security industry.

5. Storing special technical devices and technical supplies for the security industry.

6. Engaging in joint ventures and associations with domestic and foreign organizations, individuals, and enterprises for manufacturing and trading according to the law.

Article 41. Functions, tasks, and organization of other security industry facilities

1. Other security industry facilities are facilities invested in by the State and state-owned enterprises established by the Minister of Public Security of Vietnam or assigned to the Minister of Public Security of Vietnam for management, serving national security protection, social safety and order assurance, and prevention and combat against crimes and law violations. Other security industry facilities shall have the following functions and tasks:

a) Researching, manufacturing, repairing, and ensuring technical matters for technical devices;

b) Storing and preserving technical devices and technical supplies.

2. Other security industry facilities shall have organization and payroll equivalent to the department level or lower in the People’s Public Security Force.

3. The Minister of Public Security of Vietnam shall stipulate the functions, tasks, organization, and payroll of other security industry facilities.

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Article 42. Functions, tasks, and composition of national defense industry complexes

1. A national defense industry complex is a cooperation and association system of national defense industry facilities, organizations, and enterprises meeting the conditions prescribed in Article 30 of this Law, with a core national defense industry facility as the nucleus to form a value chain that creates national defense products in groups, specializing in weapons and equipment.

2. A national defense industry complex shall have the following functions and tasks:

a) Researching, designing, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of weapons and equipment and technical supplies serving national defense manufacturing;

b) Mastering the foundation technology and core technology and transferring and receiving transfers of advanced and modern technologies;

c) Mobilizing national sources for the development of the national defense industry;

d) Researching and manufacturing products serving people’s welfare and transferring technologies conformable with the people’s welfare industry and the socio-economic development;

dd) Improving the capacity for international competitiveness and participating in the manufacture of national defense products.

3. The composition of a national defense industry complex includes:

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b) The other components of the national defense industry complex include organizations and enterprises inside and outside the People’s Army; scientific and technological organizations and training facilities.

4. The Prime Minister of Vietnam shall decide on core national defense industry facilities that may be nuclei of national defense industry complexes.

5. The Government of Vietnam shall elaborate on this Article.

Article 43. Nuclei of national defense industry complexes

1. Nuclei of national defense industry complexes are core national defense industry facilities with sufficient scientific and technological resources and potential to take charge, lead, and direct the research, design, creation, testing, manufacture, and completion of national defense products.

2. The nucleus of a national defense industry complex shall be entitled to the following policies:

a) The State’s assignment of tasks of implementation of programs on research, design, and manufacture of weapons and equipment by product specialties; autonomous regulation in the research, manufacture, and capacity mobilization of the composition of the national defense industry complex;

b) The State’s support for part of the budget for the implementation of tasks of science, technology, and creative innovation serving the programs on research and manufacture of weapons and equipment according to the State’s assignment or order placement;

c) Use of part of development investment funds of enterprises to support activities of science, technology, and creative innovation;

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3. The nucleus of a national defense industry complex shall:

a) Formulate a list of the components of the national defense industry complex, prioritizing mobilization industry facilities, for presentation to the Minister of National Defense of Vietnam for approval;

b) Regulate and take charge of the research, design, creation, manufacture, and testing of the products of the national defense industry complex;

c) Complete and assume responsibility for the quality of national defense products in the implementation of tasks of the national defense industry complex;

d) Ensure state secrets, security, and safety during joint ventures, associations, and conclusion of contracts with components of the complex;

dd) Develop, issue, inspect, and supervise the implementation of the operational regulation of the national defense industry complex;

e) Perform accounting as prescribed by the law.

4. The Government of Vietnam shall elaborate on this Article.

Article 44. Other components of national defense industry complexes

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2. Other components of a national defense industry complex shall participate in relevant operations through joint ventures, associations, and conclusion of contracts with the core national defense industry facility, which is the nucleus of the national defense industry complex to carry out tasks of researching, manufacturing, and providing services of the national defense industry complex.

3. Other components of a national defense industry complex shall have the rights and benefits prescribed in Article 31 of this Law.

Article 45. State policies applicable to national defense industry complexes

1. Creating favorable conditions for promoting joint ventures and associations among components of national defense industry complexes.

2. Encouraging the development of scientific and technological programs at the national level to research and develop the foundation technology and core technology to manufacture and create systems of strategic weapons and equipment.

3. Prioritizing investment sources for the research and application of science and technology; development of infrastructures and high-quality personnel for national defense industry complexes.

4. The Government of Vietnam shall elaborate on this Article.

Chapter III

INDUSTRIAL MOBILIZATION

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Article 46. Survey and selection of enterprises eligible for industrial mobilization

1. The Prime Minister of Vietnam shall decide on the assignment of tasks concerning surveys of the capacity of enterprises nationwide.

2. The Minister of National Defense of Vietnam shall stipulate the conditions and criteria for enterprises eligible for industrial mobilization and guidelines on surveys of the capacity of enterprises.

3. Provincial People’s Committees shall take charge of the surveys of the capacity of enterprises in their areas and submit reports to the Prime Minister of Vietnam and the Minister of National Defense of Vietnam. Ministries, ministerial agencies, and governmental agencies shall cooperate with provincial People’s Committees in surveying the capacity of enterprises in fields under their management.

4. The Ministry of National Defense of Vietnam shall select and formulate a list of enterprises eligible for industrial mobilization for presentation to the Prime Minister of Vietnam for decisions; develop a database on the registration and management of enterprises eligible for industrial mobilization.

1. Provincial People’s Committees shall take charge and cooperate with relevant ministries, ministerial agencies, and governmental agencies in the registration, management, and monitoring of the capacity of enterprises eligible for industrial mobilization in their areas; submit reports to the Ministry of National Defense of Vietnam on changes to the capacity of enterprises eligible for industrial mobilization.

2. The Ministry of National Defense of Vietnam shall request the Prime Minister of Vietnam to decide on the revision to the list of enterprises eligible for industrial mobilization.

3. The Minister of National Defense of Vietnam shall stipulate the registration, management, and monitoring of the capacity of enterprises eligible for industrial mobilization.

1. The State plan for industrial mobilization shall be developed in peacetime and implemented upon local or general mobilization orders and during the state of war.

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a) Guidelines on the development of the all-people national defense and people’s war posture;

b) Forecasted war scale and methods of waging war to protect the Fatherland;

c) Demands and capacity of weapons and equipment of the People’s Army and Militia and Self-Defense Forces; technical supplies serving national defense;

d) Forecasted consumption of weapons and equipment during war;

dd) Capability of manufacturing national defense products of core national defense industry facilities, other national defense industry facilities, and other assurance sources;

e) Results of the selection of enterprises eligible for industrial mobilization.

3. Contents of the State plan for industrial mobilization include:

a) Industrial mobilization tasks and targets of ministries, ministerial agencies, governmental agencies, provincial People’s Committees, and mobilization industry facilities;

b) Implementation time and measures;

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d) Supply reserves;

dd) Transfer of industrial mobilization lines.

4. The Ministry of National Defense of Vietnam shall take charge and cooperate with ministries, ministerial agencies, governmental agencies, and provincial People’s Committees in developing and presenting the State plan for industrial mobilization to the Prime Minister of Vietnam for approval.

1. The development of industrial mobilization plans at various levels, based on the industrial mobilization tasks and targets assigned in the State plan for industrial mobilization, is stipulated as follows:

a) Ministries, ministerial agencies, and governmental agencies assigned with industrial mobilization tasks and targets shall develop industrial mobilization plans;

b) Provincial People’s Committees shall develop local industrial mobilizations plans;

c) Enterprises shall develop their industrial mobilization plans.

2. The appraisal and approval for industrial mobilization plans are stipulated as follows:

a) Appraisal by the Ministry of National Defense of Vietnam; the Prime Minister of Vietnam shall approve industrial mobilization plans of ministries, ministerial agencies, and governmental agencies;

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c) Appraisal by agencies of military zones; Commanders of military zones shall approve industrial mobilizations plans of provincial People’s Committees;

d) Appraisal by Military Commands of ministries, ministerial agencies, and governmental agencies; Ministers and Heads of ministerial agencies and governmental agencies shall approve industrial mobilization plans of enterprises under their management;

dd) Appraisal by the Hanoi Capital Command, High Command of Ho Chi Minh City, and provincial Military Commands under their jurisdiction or in cooperation with specialized planning and investment agencies of provincial People’s Agencies and relevant agencies; the Presidents of provincial People’s Committees shall approve industrial mobilizations plans of enterprises under the management;

e) Appraisal by superior authorities; the Heads of the superior authorities shall approve industrial mobilization plans of affiliates in the People’s Army.

3. The review, revision, and development of industrial mobilization plans are stipulated as follows:

a) Annually, agencies, units, and enterprises assigned to develop industrial mobilization plans shall review industrial mobilization plans and request competent authorities prescribed in Clause 2 of this Article to decide on the revision or development of plans in cases prescribed in Points b and c of this Clause;

b) Industrial mobilization plans shall be revised in case of changes to the contents of the plans;

c) New industrial mobilization plans shall be developed in case of changes to the assigned targets or changes to enterprises implementing industrial mobilization.

4. The Minister of National Defense of Vietnam shall stipulate the development, appraisal, and approval for industrial mobilization plans at various levels.

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2. The Minister of National Defense of Vietnam shall, based on the decisions of the Prime Minister of Vietnam, assign industrial mobilization tasks and targets to each enterprise.

3. Enterprises shall implement industrial mobilization tasks and targets.

4. Ministers, Heads of ministerial agencies and governmental agencies, and Presidents of provincial People’s Committees shall instruct and inspect enterprises’ implementation of industrial mobilization tasks and targets.

5. The Minister of National Defense of Vietnam shall assign industrial mobilization tasks and targets to national defense industry facilities under the management of the Ministry of National Defense of Vietnam.

1. The completion of industrial mobilization lines shall be implemented based on the current capacity of enterprises to manufacture industrial mobilization products. The completion of industrial mobilization lines include:

a) Surveying the capacity of enterprises for manufacturing industrial mobilization products;

b) Assessing and determining the demands for and additions to specialized equipment;

c) Transferring technologies for manufacturing industrial mobilization products to enterprises;

d) Testing industrial mobilization products and lines;

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2. The Minister of National Defense of Vietnam shall elaborate on this Article.

1. Military zones and provincial People’s Committees shall, within their management scope, monitor and manage the quantity and quality of specialized equipment and technological documents assigned by the Ministry of National Defense of Vietnam to mobilization industry facilities; submit reports to the Ministry of National Defense of Vietnam on changes to industrial mobilization lines.

2. The Ministry of National Defense of Vietnam shall be the representative of ownership of specialized equipment and technological documents assigned by the State to mobilization industry facilities and consistently manage the system of industrial mobilization lines.

3. The Minister of National Defense of Vietnam shall provide guidelines on the deduction and use of depreciation amounts; compensate for loss, and manage, use, and recover specialized equipment and technological documents assigned by the Ministry of National Defense of Vietnam to mobilization industry facilities.

4. Mobilization industry facilities shall be assigned industrial mobilization tasks and targets for the maintenance of the capacity of industrial mobilization lines periodically, up to once every 3 years, or prioritization of placement of orders for the manufacture of national defense products according to Article 19 of this Law.

1. Ministries, ministerial agencies, governmental agencies, provincial People’s Committees, mobilization industry facilities, and relevant agencies and organizations shall organize and participate in industrial mobilization drills according to the plans of the Ministry of National Defense of Vietnam.

2. The Minister of National Defense of Vietnam shall decide on the scale, contents, and forms of industrial mobilization drills.

1. Adequately and accurately provide information on the capacity of enterprises for the surveys prescribed in Article 46 of this Law.

2. Comply with the decisions of competent authorities on the assignment of industrial mobilization tasks and targets.

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4. Manage, administrate, and apply reporting regulations to the operations of industrial mobilization lines; manage industrial mobilization products, specialized equipment, and technological documents assigned by the Ministry of National Defense of Vietnam.

5. Where mobilization industry facilities are incapable of carrying out industrial mobilization tasks, their legal representatives shall return the assigned specialized equipment and technological documents to the Ministry of National Defense of Vietnam according to recovery decisions. Mobilization industry facilities shall compensate for any loss incurred as prescribed by the law.

6. Comply with the management and inspection of competent authorities and the Ministry of National Defense of Vietnam.

7. The Minister of National Defense of Vietnam shall elaborate on Clauses 4 and 5 of this Article.

1. The Prime Minister of Vietnam shall, based on the local or general mobilization orders from the President of Vietnam, decide on the industrial mobilization practice.

2. Authority and order of decisions on industrial mobilization practice are stipulated as follows:

a) The Prime Minister of Vietnam shall decide on industrial mobilization targets and the number of mobilization industry facilities according to industrial mobilization plans;

b) The Minister of National Defense of Vietnam shall, based on the decisions of the Prime Minister of Vietnam, decide on the targets of industrial mobilization practice for each mobilization industry facility;

c) Ministers, Heads of ministerial agencies and governmental agencies, and Presidents of provincial People’s Committees shall instruct mobilization industry facilities to implement the assigned industrial mobilization targets.

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a) The Office of the Government of Vietnam shall notify ministries, ministerial agencies, governmental agencies, and provincial People’s Committees of the decisions on industrial mobilization of the Prime Minister of Vietnam;

b) The General Staff of the Vietnam People’s Army shall notify ministries, ministerial agencies, governmental agencies, provincial People’s Committees, and affiliates of the Ministry of National Defense of Vietnam with assigned industrial mobilization tasks of the decisions on industrial mobilization of the Minister of National Defense of Vietnam;

c) Ministries, ministerial agencies, governmental agencies, and provincial People’s Committees shall notify mobilization industry facilities of the decisions on industrial mobilization of the Minister of National Defense of Vietnam;

d) Military zones and the Hanoi Capital Command shall notify their affiliates with assigned industrial mobilization tasks of the decisions on industrial mobilization of the Minister of National Defense of Vietnam.

4. The time limit for completing the notification of decisions on industrial mobilization is determined in industrial mobilization plans.

5. The Prime Minister of Vietnam shall decide on the termination of the industrial mobilization practice.

6. The Minister of National Defense of Vietnam shall stipulate the notification of industrial mobilization decisions prescribed in Clause 3 of this Article.

1. Provincial People’s Committees shall arrange new locations, ensure vehicles serving the relocation, develop infrastructures, and guarantee the conditions for manufacturing industrial mobilization products for mobilization industry facilities subject to relocation according to industrial mobilization plans.

2. Mobilization industry facilities subject to relocation shall submit reports to provincial Military Commands and provincial People’s Committees on the number of missing vehicles for the relocation; carry out the dismantling, transportation, installation, and assurance of the operations of the manufacturing lines of industrial mobilization products according to plans.

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2. Move to the new location according to plans.

3. Receive, manage, and use supplies for manufacturing industrial mobilization products.

4. Carry out the manufacture and delivery of industrial mobilization products, ensuring sufficient quantity, quality, proper types, timeliness, and locations according to plans and compliance with regulations on the management of national defense manufacturing.

5. Submit reports to provincial Military Commands and provincial People’s Committees of Vietnam on changes during industrial mobilization tasks.

1. Guarantee budget for industrial mobilization includes the central budget and the local budget.

2. The funding from state budget for industrial mobilization shall be allocated in the annual budget estimates of ministries, ministerial agencies, governmental agencies, and provincial People’s Committees according to state budget laws.

3. State budget expenditures on industrial mobilization tasks shall be managed and used properly and in compliance with the law.

4. The Government of Vietnam shall stipulate the management and use of the funding from the state budget for industrial mobilization.

1. Surveying the capacity of enterprises.

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3. Completing industrial mobilization lines.

4. Implementing scientific and technological research and application to industrial mobilization.

5. Providing professional training and advanced training for workers; organizing industrial mobilization training sessions and drills.

6. Implementing activities to maintain the capacity of industrial mobilization lines.

7. Reserving supplies.

8. Transferring industrial mobilization lines.

9. Manufacturing industrial mobilization products.

10. Restoring the manufacturing of enterprises after completing industrial mobilization tasks.

11. Engaging in professional activities and management of industrial mobilization.

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1. The Ministry of Finance of Vietnam shall take charge and cooperate with the Ministry of National Defense of Vietnam in developing, revising, and supplementing plans and lists of supply reserves for industrial mobilization for presentation to the Prime Minister of Vietnam for approval according to national reserve laws.

2. The Ministry of National Defense of Vietnam shall assume the responsibility for reserving technical supplies for manufacturing weapons and equipment. The Ministry of Finance of Vietnam shall assume the responsibility for reserving common supplies under the decisions of the Prime Minister of Vietnam.

1. Core national defense industry facilities and core security industry facilities that are not enterprises may:

a) Enjoy the policies applicable to enterprises directly serving national defense and security according to enterprise laws; policies applicable to hi-tech enterprises according to high technology laws; preferential policies on tax, credit, investment, and construction according to relevant laws;

b) Enjoy policies prescribed in Clauses 2 and 4 Article 21 of this Law; prioritize investment in the development of technical and social infrastructure systems for the expansion of the scope of the manufacturing capacity to meet the requirements of assigned tasks;

c) Proactively procure supplies and prepare factors to ensure and organize research and manufacture, ensuring the progress and quality of products according to assigned tasks;

d) Calculate the depreciation under specific regulations for fixed assets that are lines for manufacturing and repairing weapons and equipment, technical devices, equipment, special assets, and specialized assets serving national defense and security tasks;

dd) Determine prices of weapons and equipment and technical devices according to the law. In case of applying the general pricing method with specific contents, comply with the decisions of the Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam;

e) Permit their legal representatives to hire and decide on the payment for specialists, leading scientists, and general project managers under agreements equivalent to the assigned tasks;

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h) Enjoy policies prescribed in Point b Clause 2 of this Article when presiding over the implementation of scientific and technological tasks.

2. Core national defense industry facilities and core security industry facilities that are not enterprises may:

a) Receive investment from the State in the development of technical and social infrastructure systems to implement the assigned functions and tasks;

b) Receive allocation of ownership or land use rights for the results of scientific research and technological development when presiding over the implementation of scientific and technological tasks funded by the state budget;

c) Permit their heads to use recurrent expenditures and other legal revenue sources to hire specialists, leading scientists, and general project managers to implement the assigned tasks;

d) Core national defense industry facilities and core security industry facilities engaging in fields of new materials, hi-tech products, and foundation or core technology development may prioritize budgets for the development of technical infrastructure systems serving the research and creation.

3. The Government of Vietnam shall elaborate on this Article.

Article 62. Policies applicable to other national defense industry facilities and other security industry facilities

1. They may have their financial sources guaranteed by the State for the implementation of tasks of national defense and security manufacturing, technical assurance, and storage and preservation of weapons and equipment, technical devices, and technical supplies; personnel sources guaranteed by the State for the implementation of the assigned functions and tasks.

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3. Other national defense industry facilities and other security industry facilities that are enterprises may enjoy policies applicable to enterprises directly serving national defense and security according to enterprise laws; calculate the depreciation of fixed assets invested in by the State according to the law.

Article 63. Policies applicable to core national defense industry facilities researching and manufacturing strategic weapons and equipment and core security industry facilities research and manufacturing special technical devices

1. They may enjoy policies prescribed in Article 61 of this Law and special investment incentives according to investment laws.

2. They may have the costs of unsuccessful tasks concerning the research and manufacture of strategic weapons and equipment and special technical devices offset from the annual profit after tax of enterprises after the end of programs, schemes, or projects, allocated over 5 years from decisions on the end of programs, schemes, and projects and cost settlement.

3. They may not apply the criteria for capital conservation and development for investment in tasks of researching and manufacturing strategic weapons and equipment and special technical devices. They may exclude impact factors relevant due to the use of enterprises’ resources for researching and manufacturing strategic weapons and equipment and special technical devices when assessing operational efficiency and grading enterprises.

4. They may implement the special payment guarantee mechanism according to the regulations of the Government of Vietnam.

5. They may have their financial sources guaranteed according to national defense and security manufacturing plans.

Article 64. Policies applicable to mobilization industry facilities in preparing, practicing, and terminating industrial mobilization.

1. In industrial mobilization preparation, mobilization industry facilities may enjoy the following policies:

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b) Assurance of the timeliness and properness of types, quantity, and quality of supplies serving the manufacture of industrial mobilization products;

c) Accounting of expenditures on specific allowances included in the prices of products for payment to direct workers during the implementation of tasks of manufacturing industrial mobilization products;

d) Assurance of funding and timely payment;

dd) Enjoyment of tax incentives according to tax laws when manufacturing industrial mobilization products and receiving transfers of technologies in industrial mobilization; incentives concerning credit according to the law; support upon price fluctuations compared to the time of receiving tasks;

e) The Ministry of National Defense of Vietnam shall prioritize the placement of orders for products and services of mobilization industry facilities in conformity with national defense and security requirements.

2. In industrial mobilization practice, mobilization industry facilities may enjoy the following policies:

a) Assurance of missing transport vehicles in the case of transferring industrial mobilization lines to new locations;

b) Assurance of the timeliness of supplies, specialized equipment, technological documents, and funding for the implementation of industrial mobilization tasks;

c) Enjoyment of tax incentives when manufacturing industrial mobilization products according to tax laws; support for land rent and levies and land use tax regarding land areas serving industrial mobilization tasks according to investment, land, and tax laws;

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3. In industrial mobilization termination, mobilization industry facilities may enjoy the following policies:

a) Assurance of missing transport vehicles in the case of transferring industrial mobilization lines to previous locations or other locations where mobilization industry facilities are arranged after the termination of industrial mobilization.

b) Receipt of funding support according to the law.

Section 2. BENEFITS AND POLICIES APPLICABLE TO WORKERS IN CORE NATIONAL DEFENSE INDUSTRY FACILITIES, CORE SECURITY INDUSTRY FACILITIES, AND MOBILIZATION INDUSTRY FACILITIES

Article 65. Benefits and policies applicable to workers in core national defense industry facilities and core security industry facilities

1. Workers in core national defense industry facilities and core security industry facilities shall be paid and enjoy the following benefits and policies:

a) Enjoyment of benefits and policies applicable to workers in enterprises directly serving national defense and security and benefits and policies according to employment and insurance laws and relevant laws;

b) Receipt of financial support in cases where the manufacturing and trading results cannot guarantee the salaries by positions, titles, ranks, grades, and levels and specific allowances according to the regulations of the Government of Vietnam;

c) Enjoyment of the State’s policies on health care and policies applicable to female workers who are pregnant or raising children under 36 months old.

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a) Receipt of salaries and specific allowances from the state budget and other revenues from funding for scientific and technological research and personnel training and revenues from public service operations according to the law;

b) Workers directly participating in national defense and security manufacturing may receive specific allowances according to the law.

3. Aside from the benefits and policies prescribed in Clauses 1 and 2 of this Article, workers in core national defense industry facilities and core security industry facilities may enjoy the following benefits and policies:

a) Cases of workers injured during participation in the national defense and security industry may be considered for settlement under policies on war invalids or beneficiaries of policies on war invalids. Workers who die during participation in the national defense and security industry may be considered martyrs according to the law on incentives for revolutionary contributors;

b) Workers with bachelor’s degrees or higher, technical workers engaging in specific national defense and security professions or occupations, high-level technical workers may enjoy benefits and policies on attraction of high-quality personnel and be prioritized for training and advanced training for enhancement of qualifications, professional knowledge, and skills;

c) Receipt of copyrights and copyright protection for products from scientific and technological activities funded by the state budget according to intellectual property and science and technology laws;

d) Receipt of State’s support for salaries and specific allowances according to the law when implementing tasks assigned by competent authorities aside from manufacturing and trading tasks.

4. The Government of Vietnam shall elaborate on this Article.

Article 66. Benefits and policies applicable to specialists, leading scientists, and general project managers engaging in national defense and security at core national defense industry facilities and core security industry facilities

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a) They may negotiate and receive salaries, bonuses, and benefits from the working results according to agreements with core national defense industry facilities or core security industry facilities;

b) They may have resources and physical facility conditions guaranteed by the State for the implementation of tasks; access information and documents from important electronic and technical libraries; use for free or receive support for the costs of using national key laboratories and other laboratories invested in by the state budget for the implementation of tasks;

c) They may be prioritized for the arrangement of official housing or receive housing rental support where official housing cannot be arranged; receive support for transport vehicles during the implementation of tasks;

d) Where they wish to provide long-term services at core national defense industry facilities or core security industry facilities, they may be considered for recruitment to positions of commissioned officers and prioritized for grant of the rank of commissioned officer according to the Law on Commissioned Officers of the Vietnam People’s Army and the Law on Public Security Force;

dd) They may enjoy preferential policies on personal income tax according to personal income tax laws;

e) In the case of foreigners, they may be considered for shorter procedures for appraisal and issuance of work permits; receive special remuneration and other preferential benefits according to labor contracts.

2. Leading scientists may enjoy the policies prescribed in Clause 1 of this Article and the following benefits and policies:

a) They may enjoy the benefits and policies of leading scientists according to science and technology laws;

b) They may receive favorable conditions and financial support for visits, surveys, and scientific exchanges with international scientists to update on new technologies, but they must protect state secrets concerning specific fields of the national defense and security industry;

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3. General project managers may enjoy the policies prescribed in Clause 2 of this Article and the following benefits and policies:

a) They may enjoy benefits and policies applicable to scientists assigned to preside over essential scientific and technological tasks at the national level according to science and technology laws;

b) They may directly work and exchange with competent organizations and individuals to implement tasks.

4. The Prime Minister of Vietnam shall stipulate the criteria for titles of specialists, leading scientists, and general project managers in the national defense and security industry. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, based on the decisions of the Prime Minister of Vietnam, consider recognizing or terminating the recognition of titles of specialists, leading scientists, and general project managers in the national defense and security industry under their management.

5. The Government of Vietnam shall elaborate on Clauses 1 and 2 of this Article and stipulate the maximum salary rate for specialists, leading scientists, and general project managers in case of using the state budget.

Article 67. Benefits and policies applicable to workers directly implementing industrial mobilization tasks

1. While directly implementing tasks of manufacturing industrial mobilization products, workers shall receive salaries according to regulations and specific allowances paid by enterprises according to the norms applicable to workers at core national defense industry facilities. The State shall adopt policies on health care for female workers who are pregnant or raising children below 36 months old.

2. Workers who suffer from sickness, accidents, injuries, or death during industrial mobilization practice and drills may enjoy benefits and policies according to the law. If such workers are not participating in social insurance or health insurance, they may enjoy the following benefits and policies from the State:

a) Those who do not participate in health insurance suffering from sickness, accidents, or injuries may receive support for medical service payment;

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3. Workers who suffer from injuries or death while implementing tasks may be considered for benefits and policies applicable to war invalids or recognition as martyrs and be entitled to other rights as prescribed by the law.

4. Workers who directly operate vehicles serving the transfer of industrial mobilization lines may enjoy the benefits prescribed in Clauses 2 and 3 of this Article.

5. The Government of Vietnam shall elaborate on Clauses 2 and 3 of this Article.

Section 3. POLICIES APPLICABLE TO ACTIVITIES OF SCIENCE, TECHNOLOGY, AND CREATIVE INNOVATION SERVING NATIONAL DEFENSE AND SECURITY INDUSTRY

Article 68. Policies applicable to activities of science, technology, and creative innovation serving national defense and security industry

1. Core national defense industry facilities and core security industry facilities may, during the implementation of tasks of science, technology, and creative innovation serving the national defense and security industry, enjoy policies according to science and technology laws and be autonomous in:

a) Implementing assigned scientific and technological tasks;

b) Purchasing inventions, designs, technological documents, technological secrets, supplies, and semi-finished products serving scientific and technological tasks according to the law;

c) Selecting cooperation forms and partners; using domestic and foreign specialists, scientists, and high-quality personnel;

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dd) Deciding whether to apply fixed funding model to final products regarding scientific and technological tasks with products whose strategic and technical features are approved by competent authorities before the appraisal for presentation and funding estimates.

2. Organizations and individuals participating in activities of science, technology, and creative innovation serving the national defense and security industry may enjoy the following policies:

a) Receipt of copyright and ownership protection and other rights according to intellectual property and science and technology laws;

b) Receipt of the allocation of part of the profit from the manufacture of products applying results of scientific and technological tasks to re-invest in the research, creation, and development of new products and implement policies prescribed in Point a of this Clause;

c) Receipt of exemption from civil responsibilities when implementing activities of science, technology, and creative innovation serving national defense and security manufacturing according to assigned tasks due to objective reasons even though the processes approved by competent authorities have been adequately implemented;

d) Enjoyment of encouragement regulations and preferential policies on tax and credit and other preferential policies according to the law.

3. Organizations presiding over the implementation of scientific and technological tasks may advance funding or mobilize funding from legal sources to implement tasks, ensuring progress and quality.

4. Individuals participating in scientific and technological tasks serving the national defense and security industry may receive piecework-based remuneration.

5. Prioritization of the combination and application of results of domestic research topics and tasks concerning the national defense and security industry to hi-tech development investment projects.

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Article 60. Policies on development of strategic weapons and equipment and special technical devices

1. The State shall develop programs on basic research on the development of the foundation technology and core technology serving the creation and manufacture of strategic weapons and equipment and special technical devices.

2. Programs, schemes, and projects on research, design, creation, and manufacture of strategic weapons and equipment and special technical devices may enjoy the following policies:

a) Assurance of all funding from the state budget and other legal sources;

b) Boards of Directors of programs, schemes, and projects may revise the contents of the research and schemes for task implementation and testing to move to other stages for the assurance of the set objectives;

c) Receipt of approval for scientific and technological tasks from research and pilot creation to pilot manufacture; organization of councils for product testing and implementation of pilot manufacturing after the products of the research and pilot creation achieve the set basic technical targets;

d) Regarding urgent tasks, units presiding over such tasks may advance funding or mobilize funding from legal sources for the research, design, creation, and pilot manufacture of products according to the requirements for strategic and technical features approved by competent authorities; organize testing councils and complete relevant procedures to move to the next stages;

dd) Application of special mechanisms for purchasing design documents, technological secrets, sample products, and special supplies and hiring foreign specialists;

e) Receipt of reserve funding estimates for scientific and technological tasks concerning research and creation;

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h) Enjoyment of special investment mechanisms for the implementation of scientific and technological tasks according to science and technology laws.

3. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall take charge and cooperate with relevant ministries and central authorities in approving and signing contracts for the implementation of scientific and technological tasks at the national level under their management.

4. The Government of Vietnam shall elaborate on Clauses 1 and 2 of this Article.

Chapter V

INTERNATIONAL COOPERATION AND INTERNATIONAL TRADE CONCERNING NATIONAL DEFENSE AND SECURITY INDUSTRY

Article 70. Requirements and contents of international cooperation and international trade concerning national defense and security industry

1. Requirements for international cooperation and international trade concerning the national defense and security industry:

a) Prioritization of fields of high technologies, foundation technology, core technology, and dual-use technologies; research and creation of strategic weapons and equipment and special technical devices; association of international cooperation and international trade with technological transfers in national defense and security;

b) Assurance of the confidentiality of state secrets according to the law.

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a) Training, scientific research, and specialist exchange;

b) Joint ventures and associations in the national defense and security industry;

c) Export and import of national defense and security industry products and services;

d) Transfer of technologies with foreign partners;

dd) Trade promotion of national defense and security products;

e) Other contents as prescribed by the law.

Article 71. Training, scientific research, and specialist exchange serving national defense and security industry

1. The State shall encourage core national defense industry facilities and core security industry facilities to cooperate with foreign organizations and individuals and Vietnamese persons residing abroad in the training, scientific research, and specialist exchange serving the national defense and security industry.

2. The Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, based on the task requirements, appoint persons with adequate standards and qualifications to participate in overtraining, advanced training, and research concerning key professions and fields, foundation technology, core technology, and dual-use technologies serving the national defense and security industry.

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Article 72. Joint ventures and associations in national defense and security industry

1. Joint ventures and associations in the national defense and security industry shall comply with this Law and relevant laws.

2. Core national defense industry facilities may engage in joint ventures or associations with foreign organizations, individuals, and enterprises to implement national defense industry tasks prescribed in Points a and d Clause 1 Article 4 of this Law.

3. Core security industry facilities may engage in joint ventures or associations with foreign organizations, individuals, and enterprises to implement security industry tasks prescribed in Points a and d Clause 2 Article 4 of this Law.

4. The total charter capital ownership of foreign organizations, individuals, and enterprises shall not exceed 49%.

5. Enterprises engaging in joint ventures and associations may enjoy preferential benefits according to enterprise laws and relevant laws.

6. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, within their scope of tasks and entitlements, decide on the guidelines for the establishment of joint ventures and associations between core national defense industry facilities and core security industry facilities and foreign partners.

Article 73. Import of products and services serving national defense and security industry

1. Imported products and services serving the national defense and security industry include:

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b) Technical supplies;

c) Machinery, equipment, and lines for national defense and security manufacturing;

d) Technical documents;

dd) Advisory services and technical services;

e) Other products and services.

2. The import of products and services serving the national defense and security industry shall meet the following requirements:

a) Import enterprises shall be juridical persons with functions of trading, import, and export of products and services serving the national defense and security industry as prescribed by the law;

b) It is only permitted to import products and services serving the national defense and security industry that the domestic national defense and security industry is incapable of manufacturing; imported products and services shall have standards and quality higher than products and services of the same type that are domestically manufactured; the manufacturing capacity of domestic national defense industry facilities and security industry facilities fails to meet the demand for quantity;

c) Prioritization of the import of products and services serving the national defense and security industry directly from manufacturers or partners with commitments to technology transfer and personnel training.

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4. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, within their scope of tasks and entitlements, stipulate the import of products and services serving the national defense and security industry.

Article 74. Export of products and services serving national defense and security industry

1. Exported products and services serving the national defense and security industry include:

a) Weapons and equipment and technical devices;

b) Technical supplies;

c) Machinery, equipment, and lines for manufacturing;

d) Technical documents;

dd) Advisory services and technical services;

e) Other national defense and security products and services according to the regulations of the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam.

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a) Enterprises shall be core national defense industry facilities or core security industry facilities with functions of import and export permitted to export national defense and security industry products and services;

b) Foreign partners shall be appraised regarding their backgrounds, functions, tasks, and capacity; have commitments to the use final use purposes and users issued by foreign authorities where there are final users.

3. Exported national defense and security industry products and services shall be exempted from import duties according to import duty and export duty laws and prioritized for customs clearance according to customs laws.

4. Authority to decide on the export of national defense and security industry products and services:

a) The Prime Minister of Vietnam shall decide on the export of strategic weapons and equipment and special technical devices;

b) The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall, within their scope of tasks and entitlements, decide on the export of national defense and security industry products and services according to Clause 1 of this Article, excluding Point a of this Clause.

5. The Government of Vietnam shall elaborate on this Article.

Article 75. International cooperation in technology transfer

1. Contents of international cooperation in technology transfer include:

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b) Specialist exchange and personnel training for receipt of transferred technologies;

c) Transfer of machinery, devices, and technological equipment of manufacturing lines;

d) Transfer of intellectual property rights;

dd) Other contents according to technology transfer laws.

2. Prioritization of international cooperation in technology transfer for creating and manufacturing the following products and technologies:

a) Weapons and equipment and technical devices with high technologies;

b) New materials;

c) Cyberspace operations;

d) Cyber security;

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e) Military vessels and underwater weapons;

g) Dual-use technologies serving the national defense and security industry prioritized for development according to Article 28 of this Law;

h) Technologies for transfer encouragement according to technology transfer laws.

3. Technology transfer serving the national defense and security industry shall comply with technology transfer laws and relevant laws; prioritization of selection of partners for transfers of dual-use and modern technologies with commitments to the use of supplies and semi-finished products manufactured in Vietnam and commitments to product consumption.

4. National defense industry facilities managed by the Ministry of National Defense of Vietnam and security industry facilities managed by the Ministry of Public Security of Vietnam receiving transferred technologies may enjoy tax incentives according to tax laws and exemption from or reduction of land rents and land levies according to land laws.

Article 76. Trade promotion activities for national defense and security products

1. The State shall encourage trade promotion activities for national defense and security products to export products manufactured by national defense industry facilities and security industry facilities.

2. Core national defense industry facilities and core security industry facilities shall engage in trade promotion activities for their manufactured products and services serving the people’s welfare.

3. The Prime Minister of Vietnam shall decide on the organization of international exhibitions of national defense and security in Vietnam.

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5. Vietnamese representative commissions abroad shall support trade promotion activities for national defense and security products.

Chapter VI

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS REGARDING NATIONAL DEFENSE AND SECURITY INDUSTRY AND INDUSTRIAL MOBILIZATION

Article 77. State management of national defense and security industry and industrial mobilization

1. The Government of Vietnam shall carry out the consistent state management of the national defense and security industry and industrial mobilization.

2. Contents of the state management of the national defense and security industry and industrial mobilization include:

a) Promulgation and implementation of legislative documents on the national defense and security industry and industrial mobilization;

b) Development and implementation of planning and plans for the construction and development of the national defense industry; planning and plans for the construction and development of the security industry; industrial mobilization plans;’ plans to ensure resources for national defense and security industry and industrial mobilization;

c) Organization and arrangement of the system of core national defense industry facilities and core security industry facilities; development of the network of mobilization industry facilities;

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dd) Training and advanced training for improvement of professional qualifications concerning national defense and security industry and industrial mobilization;

e) International cooperation and international trade concerning the national defense and security industry;

g) Legal propaganda, dissemination, and education concerning national defense and security industry and industrial mobilization laws;

h) Inspections, violation handling, settlement of denunciations and complaints, preliminary and final reviews, and commendation concerning the national defense and security industry and industrial mobilization.

Article 78. Responsibilities of Ministry of National Defense of Vietnam

The Ministry of National Defense of Vietnam shall take responsibility before the Government of Vietnam for the consistent state management of the national defense industry and industrial mobilization and shall:

1. Implement contents prescribed in Clause 2 Article 77 of this Law within its scope of tasks and entitlements;

2. Organize and manage the system of national defense industry facilities of the Ministry of National Defense of Vietnam; register and manage mobilization industry facilities;

3. Provide guidelines for ministries, ministerial agencies, governmental agencies, and provincial People’s Committees on the national defense industry and industrial mobilization;

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5. Take charge and cooperate with the Ministry of Public Security of Vietnam in developing lists of military weapons and military explosives researched and manufactured by national defense industry facilities under the order placement by the Ministry of Public Security of Vietnam for presentation to the Prime Minister of Vietnam for approval;

6. Take charge and cooperate with the Ministry of Public Security of Vietnam and provincial People’s Committees in ensuring security, order, safety, and fire and explosion prevention for national defense industry facilities under the management of the Ministry of National Defense of Vietnam;

7. Direct the operations of agencies specializing in the national defense industry and industrial mobilization.

Article 79. Responsibilities of Ministry of Public Security of Vietnam

The Ministry of Public Security of Vietnam shall take responsibility before the Government of Vietnam for the consistent state management of the security industry and shall:

1. Implement contents prescribed in Clause 2 Article 77 of this Law within its scope of tasks and entitlements;

2. Organize and manage the system of security industry facilities of the Ministry of Public Security of Vietnam;

3. Provide guidelines for ministries, ministerial agencies, governmental agencies, and provincial People’s Committees on the security industry;

4. Develop criteria and lists of products of special technical devices for presentation to the Prime Minister of Vietnam for approval;

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6. Direct the operations of agencies specializing in the security industry.

Article 80. Responsibilities of Ministry of Science and Technology of Vietnam

The Ministry of Science and Technology of Vietnam shall, within its scope of tasks and entitlements, cooperate with the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam in implementing the state management of the national defense and security industry and industrial mobilization and shall:

1. Take charge and cooperate with the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam in providing guidelines on the implementation of the Law on Intellectual Property, the Law on Science and Technology, and the Law on Technology Transfer regarding national defense and security industry;

2. Prioritize the integration of tasks of national defense and security industry development into the strategies for constructing and developing the industries under the management of the Ministry of Science and Technology of Vietnam and the implementation of advisory functions for the Government of Vietnam regarding the dual-use features of schemes, programs, and projects on science and technology funded by the state budget;

3. Cooperate with the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam in implementing policies on the mobilization of scientific and technological sources of Vietnam for the construction and development of the national defense and security industry.

Article 81. Responsibilities of ministries and ministerial agencies

Ministries and ministerial agencies shall, within its scope of tasks and entitlements, cooperate with the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam in implementing the state management of the national defense and security industry and industrial mobilization and shall:

1. Prioritize the integration of tasks of national defense and security industry development into the strategies for constructing and developing the industries under their management;

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Article 82. Responsibilities of provincial People’s Councils and People’s Committees

1. Within their scope of tasks and entitlements, provincial People’s Councils shall:

a) Decide on the guidelines and measures to construct and develop the national defense and security industry and industrial mobilization according to the law;

b) Supervise compliance with the Constitution, the law, and implementation of resolutions of People’s Councils in the construction and development of the national defense and security industry and industrial mobilization.

2. Within their scope of tasks and entitlements, provincial People’s Committees shall:

a) Implement the state management of industrial mobilization and implementation of industrial mobilization tasks;

b) Prioritize the planning for land to serve the construction and development of the national defense and security industry based on the demands and directions for the use of national defense and security land;

c) Register, manage, and monitor the capacity of enterprises eligible for industrial mobilization; manage industrial mobilization lines within their jurisdiction;

d) Develop and implement plans for industrial mobilization.

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1. The Vietnamese Fatherland Front and its member organizations shall disseminate and mobilize people of all classes to implement the guidelines and viewpoints of the CPV and policies and laws of the State regarding the national defense and security industry and industrial mobilization; supervise and engage in social criticism during the construction and development of the national defense and security industry and industrial mobilization according to the law.

2. The Vietnamese Fatherland Front shall summarize the feedback and suggestions from the people to provide feedback and suggestions for the CPV and the State during the construction and development of the national defense and security industry and industrial mobilization.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 84. Amendments to several articles of relevant laws

1. Amendments to Section 24 and addition of Sections 24a and 24b to Section 24 in Appendix I on the list of national industry planning of the Law on Planning No. 21/2017/QH14, amended by Law No. 15/2023/QH15, Law No. 16/2023/QH15, Law No. 28/2023/QH15, and Law No. 31/2024/QH15:

“24. Planning for systems of national defense works, military zones, and ammunition depots

24a. Planning for national defense industry

24b. Planning for security industry”.

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“Article 34. Security industry

1. The security industry is a component of the national defense and security industry, serving the protection of national security, social order and safety assurance, prevention and combat against crimes and law violations, and development of the People’s Public Security Force.

2. Policies and regulations on the construction and development of the security industry shall comply with the Law on National Defense and Security Industry and Industrial Mobilization.”.

3. Amendments to Clause 1 Article 12 of the Law on National Defense No. 22/2018/QH14 amended by Law No. 18/2023/QH15:

“1. National defense and security industry is an important and specialized sector of the national industry, a basic component of the national defense and security strength and potential, which is tasked with researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of weapons and equipment, technical devices, technical supplies, and other products and services serving national defense and security, contributing to the industrialization, modernization, and protection of the Fatherland and socio-economic development.”.

4. Amendments to Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14, Law No. 72/2020/QH14, Law No. 03/2022/QH15, and Law No. 27/2023/QH15:

a) Amendments to Point b Clause 1 Article 8:

“b) Projects on the manufacture of hazardous substances and explosives, excluding projects on the manufacture of hazardous substances and explosives concerning national defense and security;”;

b) Amendments to Clause 3 Article 51:

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Article 85. Entry into force

1. This Law comes into force as of July 1, 2025.

2. Ordinance on National Defense Industry No. 02/2008/PL-UBTVQH12, amended by Ordinance No. 01/2018/UBTVQH14, and Ordinance on Industrial Mobilization No. 09/2003/PL-UBTVQH11 shall be annulled from the effective date of this Law.

Article 86. Transitional provisions

1. Regarding programs and projects on investment in and procurement of supplies for national defense and security industry manufacturing with contents determined as state secrets classified as “secret” or above, according to state secret protection laws, to implement tasks concerning the national defense and security industry with approved plans for contractor selection but bidding documents or requests for proposals are not issued as of the effective date of this Law, approve the revision to plans for contractor selection according to Clause 2 Article 23 of this Law.

2. Where scientific and technological tasks concerning researching, designing, creating, and manufacturing strategic weapons and equipment and special technical devices implemented until the effective date of this Law have not undergone any testing, apply Points b, dd, and g Clause 2 Article 69 of this Law.

This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam at its 7th meeting on June 27, 2024.

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PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man