Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for rules of; requirements for investment and trading in; procedures for inspection of eligibility and responsibilities of ministries, central authorities, local authorities, agencies and enterprises in military uniforms, military equipment and supplies for the people's armed forces, military weapons, technical equipment, ammunition and specialized vehicles used for the army and police; components, accessories, spare parts, supplies and specialized equipment and technology used for production thereof to ensure national defense and security (hereinafter referred to as “military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof to ensure national defense and security”) in the territory of the Socialist Republic of Vietnam.
2. In case the National Treaty to which the Socialist Republic of Vietnam is a signatory contains other provisions, such National Treaty shall be applied.
3. The import and export of military weapons and specialized technical equipment shall comply with regulations of law on commercial and relevant laws.
4. The study, manufacture, trading, repair and development of security products by security service providers shall comply with provisions in Decree No. 63/2020/ND-CP dated June 08, 2020 of the Government on security industry.
Article 2. Regulated entities
This Decree is applicable to enterprises, agencies, organizations and individuals related to investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof to ensure national defense and security.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. ”Military uniform” includes:
a) Military badges, insignia, ranks and uniforms prescribed in Decree No. 82/2016/ND-CP dated July 01, 2016 of the Government on military badges, insignia and uniforms of the People's Army of Vietnam;
b) Police badges, insignia, ranks and uniforms prescribed in Decree No. 160/2007/ND-CP dated October 30, 2007 of the Government on the Flag of Vietnam People's Public Security, security badges, insignia, ranks and uniforms of the People's Public Security of Vietnam and Decree No. 29/2016/ND-CP dated April 21, 2016 of the Government on amendments to certain Articles of Decree No. 160/2007/ND-CP dated October 30, 2007 of the Government of Vietnam;
c) Coast Guard badges, insignia, service uniforms, dress uniforms, Vietnam Coast Guard flag prescribed in Decree No. 61/2019/ND-CP dated July 10, 2019 of the Government providing detailed provisions of certain Articles of the Law on Vietnam Coast Guard and measures for implementation thereof;
d) Uniforms, star hat pins and badges of Vietnam Self-Defence Militia prescribed in Decree No. 72/2020/ND-CP dated June 30, 2020 of the Government of Vietnam providing detailed provisions of certain Articles of the Law on Vietnam Self-Defence Militia providing for organization of building self-defence militia forces as well as regimes and policies for them.
2. “Military equipment” are equipment and instruments (except for those prescribed in clause 3 and clause 4 of this Article) which are manufactured according to technical standards, designs and use prescribed by the Ministry of National Defense and the Ministry of Public Security to serve regular activities, training, picnics, and ensure combat readiness and combat of the people's armed forces.
3. “military weapons” means equipment prescribed in point a clause 1 Article 1 of the Law on amendments to certain Articles of the Law on Management and Use of Weapons, Explosives and Combat Gears.
4. “specialized technical equipment” in service of national defense and security includes:
a) Technical equipment, ammunition, specialized vehicles used for the army and police and specialized equipment are technical equipment and vehicles manufactured for ensuring national defense and security;
b) Components, accessories, spare parts and supplies are electronic parts, semiconductor parts, mechanical parts, accessories, spare parts and other supplies manufactured for replacement or support or assurance of military weapons, ammunition, specialized vehicles used for the army and police and specialized equipment specified in Clause 3 of this Article and Point a of this Clause.
5. “specialized technology” is used for manufacture of military weapons and technical equipment in service of national defense and security:
a) Technology used for manufacture of military weapons in service of national defense and security is prescribed in clause 3 of this Article;
b) Technology used for manufacture of specialized technical equipment in service of national defense and security is prescribed in point a clause 4 of this Article.
6. “Investment and trading in military uniforms, military equipment and supplies in service of national defense and security” means the continuous performance of one, several or all stages from investment in and manufacture of to supply of military uniforms, military equipment and supplies to the people's armed forces.
7. “Investment and trading in military weapons in service of national defense and security” means the continuous performance of one, several or all stages of study, manufacture, repair, sale and purchase of military weapons for the people's armed forces.
8. “Investment and trading in specialized equipment in service of national defense and security” means the continuous performance of one, several or all stages from investment in and manufacture of to supply of specialized equipment to the people's armed forces.
9. “Investment and trading in specialized technology used for manufacture of military weapons and technical equipment in service of national defense and security” means the continuous performance of one, several or all stages from research, development, application, transfer and provision of specialized technology transfer services to manufacture of military weapons and specialized technical equipment for the people's armed forces.
Article 4. Rules for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security
1. Protect the independence, sovereignty, unity and territorial integrity of the Fatherland, national security as well as social order and safety.
2. Strictly control and guard secrets and ensure safety.
3. Providers of training, study, manufacture, repair, assembly and development services of military uniforms, military equipment, supplies used for the people’s armed forces, military weapons, specialized technical equipment and technology under the Ministry of National Defense and the Ministry of Public Security only may carry out the study, manufacture, repair, assembly and development when being commissioned or ordered by the competent authorities prescribed in Article 10 of this Decree.
4. Comply with security and order provisions of law on conditional business lines according to regulations in Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government setting requirements for security and order in several conditional business lines; regulations of law on environmental protection.
Article 5. Prohibited acts in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security
1. Take advantage of the investment and trading in military uniforms, military equipment and supplies used for the people’s armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security to directly or indirectly infringe upon independence, sovereignty, unity, territorial integrity of the Fatherland, national security as well as social order and safety.
2. Make investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security when:
a) failing to be commissioned or ordered or selected through bidding procedures by the competent authorities;
b) manufacturing military uniforms, military equipment and supplies for the people's armed forces, military weapons and technical equipment in excess of the quantity specified in the contracts, purchase orders and commissioning documents of the competent authorities;
c) failing to satisfy requirements for investment and trading prescribed in this Decree and related laws or not maintaining adequate requirements for investment and trading during the operation process.
3. Commit violations against provisions of law on protection of state secrets and provisions of the Ministry of National Defense and the Ministry of Public Security on information security in any form, including:
a) information in the contracts, purchase orders, commissioning documents, bidding documents investment and related documents in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security;
b) information concerning technical features, tactics, standards, quality, quantity and results of scientific and technological research on production, repair, improvement and modernization of military uniforms, military equipment and supplies for the people’s armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.
4. Transfer finished products, incomplete products, sample products, prototype products, defective, damaged or poor-quality products in the process of manufacture of and trading in military uniforms, military equipment and supplies for the people’s armed forces, research, manufacture, repair, improvement and modernization of military weapons, technical equipment, schemes and results of researching and developing specialized technology transfer to manufacture military weapons and specialized technical equipment in service of national defense and security for a third party without approval of the competent authorities.
5. Provide documents contrary to fact or reality in order to fully meet requirements for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.
6. Obstruct or fail to comply with the inspection and handling of violations in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.
7. Abuse positions and powers to obstruct, annoy or infringe upon the freedom of investment and trading of organizations and enterprises; cover up violations against law of persons related to the investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.
Tìm kiếm
Nghị định 101/2022/NĐ-CP quy định về điều kiện đầu tư kinh doanh quân trang, quân dụng, vũ khí quân dụng, trang thiết bị kỹ thuật và công nghệ chuyên dùng phục vụ quốc phòng, an ninh (Bản Word)
Nghị định 101/2022/NĐ-CP quy định về điều kiện đầu tư kinh doanh quân trang, quân dụng, vũ khí quân dụng, trang thiết bị kỹ thuật và công nghệ chuyên dùng phục vụ quốc phòng, an ninh (Bản Pdf)