Chapter III
PROCEDURES FOR VERIFICATION OF 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
Article 10. Powers to permit 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. The Prime Minister shall make a decision on permitting the organizations and enterprises prescribed in clause 2 Article 7 of this Decree to participate in research, manufacture and repair of military weapons in service of national defense and security at the request of the Minister of National Defense or the Minister of Public Security.
2. The Minister of National Defense and the Minister of Public Security shall:
a) commission or order military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology for manufacture and supply thereof;
b) select contractors for manufacture and supply of military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology;
c) Request the Prime Minister to make a decision on permitting the organizations and enterprises prescribed in clause 2 Article 7 of this Decree to participate in research, manufacture and repair of military weapons.
Article 11. Procedures for permitting organizations and enterprises to invest and trade in military weapons in service of national defense and security
The enterprises and organizations prescribed in clause 2 Article 7 of this Decree wishing to participate in research, manufacture and repair of weapons shall comply with the provisions in clauses 2, 3 and 4 Article 10 of Decree No. 79/2018/ND-CP.
Article 12. Procedures for verification of requirements for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, specialized technical equipment and technology used for production thereof in service of national defense and security
1. Agencies and units under the Ministry of National Defense and the Ministry of Public Security decentralized and authorized to decide procurement of military uniforms, military equipment and supplies for the people's armed forces, technical equipment and specialized technology used for production thereof to ensure national defense and security shall specify the requirements for investment and trading prescribed in this Decree in a notification of purchase order or bidding documents and a request for proposal sent to the enterprise or notify on mass media. Time limit for submitting such documents must be clarified in the purchase order or bidding documents and the request for proposals.
Enterprises wishing to participate in investment and trading therein must send a written request (using Form No. 01 in the Appendix enclosed herewith), together with documentary evidence for their capacity for investment and trading according to the provisions herein to agencies and units under the Ministry of National Defense and the Ministry of Public Security issuing purchase orders or bidding documents and request for proposals for verification.
2. Documentary evidence for its capacity for investment and trading in military uniforms, military equipment and supplies for the people's armed forces in service of national defense includes:
a) Documentary evidence for ensuring requirements for security, order, fire prevention and fighting, incident prevention and response and environmental protection in accordance with relevant laws;
b) Copies of designs and documents proving that its factories, manufacturing facilities and warehouses are arranged separately, designed and built in accordance with standards and technical regulations on safety, fire and explosion prevention and fighting and environmental protection according to regulations of law in force.
3. Documentary evidence for its capacity for investment and trading in technical equipment in service of national defense and security include:
a) Documents prescribed in Point a Clause 2 of this Article 6;
b) Copies of the procedures for research, manufacture and repair of technical equipment; lists of technologies, equipment, vehicles and measuring equipment for inspecting and supervising technical requirements and requirements for product quality;
c) Lists of the quantity and information on professional qualifications of technical workers;
d) Annual financial reports audited at the time closest to the time when the enterprise applies for doing researches, manufacturing and repairing technical equipment in service of national defense and security and documentary evidence for its financial capacity.
4. For enterprises which are only permitted to purchase and sell specialized technical equipment in service of national defense and security, documentary evidence for the capacity of such enterprises shall include the documents prescribed in point a clause 2 of this Article.
5. The documentary evidence for an enterprise’s capacity for investment and trading in specialized technology include:
a) Documents prescribed in point a clause 2 and point c clause 3 of this Article;
d) Annual financial reports audited at the time closest to the time when the enterprise applies for doing researches, manufacturing and repairing technical equipment in service of national defense and security and documentary evidence for its financial capacity.
6. Functional agencies under the Ministry of National Defense and the Ministry of Public Security prescribed in clause 1 of this Article shall verify the complete satisfaction of requirements for investment and trading within 07 working days from the date on which they receive valid documents (except for the bidding of equipment, the verification shall be counted from the date on which the bid is opened):
a) In case enterprises and organizations fail to fully meet requirements for investment and trading, a written reply with clear reasons shall be made;
b) In case organizations and enterprises fully meet requirements for investment and trading, the negotiation and conclusion of the contracts shall be continued to carry out (for the order of equipment) or procedures for selection of contractors shall be continued to follow (for the bidding of equipment) according to regulations.
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)