Law on Countering the Proliferation of Weapons of Mass Destruction

Pursuant to the Constitution of the Socialist Republic of Viet Nam, as amended and supplemented in a number of articles under Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on Countering the Proliferation of Weapons of Mass Destruction.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the principles, measures, resources and responsibilities of agencies, organisations and individuals in countering the proliferation of weapons of mass destruction.

Article 2. Subjects of application

This Law applies to Vietnamese agencies, organisations and individuals; foreign agencies, organisations and individuals operating or residing in the territory of the Socialist Republic of Viet Nam; and other organisations and individuals involved in countering the proliferation of weapons of mass destruction.

Article 3. Interpretation of terms

In this Law, the following terms shall be construed as follows:

1. Weapons of mass destruction (WMD) means weapons capable of causing high lethality over a wide area, resulting in heavy losses of human life and health, of technical equipment, physical facilities and the ecological environment, and causing psychological and mental panic among people, including nuclear weapons, radiological weapons, chemical weapons, biological weapons and other weapons with a similar capacity for mass destruction.

2. Nuclear weapons means weapons that use energy released from uncontrolled nuclear reactions, nuclear fission reactions, nuclear fusion reactions or other forms of reaction, including nuclear munitions, nuclear explosive devices, guided launch vehicles and the specialised component parts and equipment constituting a nuclear weapon.

3. Radiological weapons means weapons that use radioactive substances to cause injury, radiation harm or radioactive contamination to persons, the environment or objects without a nuclear reaction, including radioactive-containing substances, devices for dispersing radioactive substances, irradiation devices, means of delivery and the specialised component parts constituting such weapons.

4. Chemical weapons means weapons based on the highly toxic properties and rapid action of toxic chemicals and toxic precursors, causing death or major harm to the ecological environment, including toxic chemicals and their precursors, munitions and devices specifically designed, or any equipment specially designed and directly related to the use of such munitions.

5. Biological weapons means weapons based on the pathogenic or disease-transmitting properties of biological agents that cause epidemics killing people, animals or plants on a mass scale, including microorganisms, other biological agents or toxins, whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, devices or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict.

6. Means of delivery of weapons of mass destruction means devices for carrying, launching, spreading or dispersing weapons of mass destruction, including missiles, rockets, unmanned aerial vehicles or other unmanned devices, and vehicles and systems that are designed, manufactured or specially converted, or that possess technical characteristics or other agents, for delivering weapons of mass destruction to a target.

7. Proliferation of weapons of mass destruction means the act of an agency, organisation or individual in researching, designing, manufacturing, developing, producing, receiving, possessing, trading, exchanging, storing, supplying, transporting, transferring, assigning, exporting, importing or using weapons of mass destruction or means of delivery of weapons of mass destruction; carrying out or supporting unlawful activities relating to materials, equipment, technology, dual-use goods and other resources for the purpose of developing, producing, manufacturing or using weapons of mass destruction and means of delivery of weapons of mass destruction; and the related activities provided for in the resolutions of the United Nations Security Council.

8. Proliferation financing means the act of an agency, organisation or individual in providing, raising, transferring, managing or using money, assets, financial resources, financial services, economic benefits, digital assets or other means of transferring value in order to carry out, or to support directly or indirectly, the proliferation of weapons of mass destruction, for or for the benefit of designated organisations and individuals.

9. Countering the proliferation of weapons of mass destruction means the activities of agencies, organisations and individuals aimed at preventing, detecting, interdicting and handling acts of proliferation and proliferation financing of weapons of mass destruction.

10. Dual-use goods means goods used for civil purposes but which may be used, in whole or in part, to develop, produce or manufacture weapons of mass destruction or means of delivery of weapons of mass destruction.

11. Designated organisations and individuals means organisations and individuals named in a list issued by the United Nations Security Council or in a list established by the National Focal Point for countering the proliferation of weapons of mass destruction of the Socialist Republic of Viet Nam on the ground of their involvement in the proliferation or proliferation financing of weapons of mass destruction.

12. Bona fide third party means an agency, organisation or individual having lawful rights and interests in assets, transactions, goods, materials, equipment, software, technology or services subject to measures of management, control, freezing, temporary seizure or sealing under this Law, which has established and exercised the relevant rights and obligations in good faith and lawfully without knowing, without being able to know, and without any act of collusion, concealment, abetment or facilitation of the proliferation or proliferation financing of weapons of mass destruction.

13. Risk warning means information, signs, indicators or recommendations provided, exchanged, published or established by competent authorities of the Socialist Republic of Viet Nam, competent foreign authorities, international organisations or relevant international cooperation mechanisms for the purpose of identifying, assessing, preventing, detecting, interdicting and handling the risk of proliferation or proliferation financing of weapons of mass destruction.

14. Entity exercising actual control means an agency, organisation or individual that directly or indirectly dominates, decides or is able to decide upon activities, transactions, goods, materials, equipment, software, technology, services, end users or end uses related to the risk of proliferation or proliferation financing of weapons of mass destruction.

15. End user means an agency, organisation or individual that ultimately receives, manages, exploits or uses controlled goods, materials, equipment, software, technology or services.

16. End use means the purpose for which controlled goods, materials, equipment, software, technology or services are ultimately used, determined on the basis of the declaration and undertaking of the end user and of the information and documents verified and examined by the competent authority in accordance with law.

17. Beneficiary means an agency, organisation or individual that directly or indirectly receives, uses or benefits from money, assets, goods, materials, equipment, software, technology, services or transactions related to the proliferation or proliferation financing of weapons of mass destruction.

18. Account freezing means the immediate application of measures provided for by law in order temporarily to postpone, in whole or in part, the right to access, use, transfer or withdraw money from, or to carry out transactions in respect of, the money and assets held in the account of a designated organisation or individual, or in an account related to the proliferation or proliferation financing of weapons of mass destruction, without prior notice to the account holder, so as to prevent the dissipation or movement of assets.

Article 4. Principles of countering the proliferation of weapons of mass destruction

1. To comply with the Constitution and the laws of Viet Nam and with the international treaties to which the Socialist Republic of Viet Nam is a party; to safeguard national interests, national defence, security, social order and safety, and human life and health; to operate under the unified management of the State and to bring into play the responsibility of agencies, organisations and individuals in countering the proliferation of weapons of mass destruction.

2. To take prevention as the principal task; to proactively detect, give early warning of, interdict and promptly handle risks and acts of proliferation and proliferation financing of weapons of mass destruction; and to carry out management and control on the basis of risk assessment.

3. To safeguard the lawful rights and interests of agencies, organisations and individuals involved in activities of countering the proliferation and proliferation financing of weapons of mass destruction.

4. Activities of countering the proliferation of weapons of mass destruction shall not replace the function of State management under specialised legislation; and shall not establish procedures for management, licensing, declaration, reporting, supervision, inspection or examination that duplicate those under specialised legislation.

5. To ensure inter-sectoral coordination and the sharing of information, data and risk warnings in a timely, complete and accurate manner and for the proper purposes.

6. To ensure harmony between the requirements of countering the proliferation and proliferation financing of weapons of mass destruction and the promotion of scientific research, technology transfer, digital transformation, innovation and socio-economic development.

7. In the course of carrying out the work of countering the proliferation of weapons of mass destruction, where an act showing signs of a violation of law is detected, the case file shall immediately be transferred to the competent authority for handling in accordance with law.

Article 5. Policies on countering the proliferation of weapons of mass destruction

1. To give priority to the allocation of resources and to the development of specialised human resources, physical facilities, technical infrastructure, technology, data and early warning capacity serving the countering of the proliferation of weapons of mass destruction.

2. To encourage agencies, organisations and individuals to research, develop and apply science and technology, innovation and digital transformation, and data analysis serving the identification, warning and control of risks in countering the proliferation of weapons of mass destruction.

3. To support organisations, enterprises, research establishments and training establishments in accessing information, in receiving training and guidance on compliance, and in developing internal compliance programmes on countering the proliferation of weapons of mass destruction.

4. To encourage agencies, organisations and individuals to provide and share information and signs relating to weapons of mass destruction in service of the work of countering the proliferation of weapons of mass destruction.

Article 6. Responsibilities of organisations and individuals in countering the proliferation of weapons of mass destruction

1. To comply with the provisions of this Law, with relevant legislation and with the requirements and decisions of competent authorities on countering the proliferation and proliferation financing of weapons of mass destruction.

2. To proactively identify, assess and manage risks within the scope of their activities; and to implement preventive and control measures appropriate to the nature of their activities and to the risks involved.

3. To fulfil the obligations of declaration, reporting, provision of information and retention of records; and to cooperate with competent authorities in preventing, detecting, interdicting and handling activities of proliferation and proliferation financing of weapons of mass destruction in accordance with law.

4. To safeguard the lawful rights and interests of the organisations and individuals concerned; and to protect State secrets, business secrets, personal data and other information in accordance with law.

Article 7. Prohibited acts

1. Researching, designing, manufacturing, developing, producing, receiving, possessing, trading, exchanging, storing, supplying, transporting, transferring, assigning, exporting, importing or using weapons of mass destruction or means of delivery of weapons of mass destruction; carrying out or supporting unlawful activities relating to materials, equipment, technology, dual-use goods and other resources for the purpose of developing, producing, manufacturing or using weapons of mass destruction and means of delivery of weapons of mass destruction; and the related activities provided for in the resolutions of the United Nations Security Council.

2. Providing, raising, transferring, managing or using money, assets, financial resources, financial services, economic benefits, digital assets or other means of transferring value in order to carry out, or to support directly or indirectly, activities of proliferation of weapons of mass destruction, for or for the benefit of designated organisations and individuals.

3. Taking advantage of socio-economic activities directly to carry out, conceal, support or facilitate the proliferation or proliferation financing of weapons of mass destruction.

4. Taking advantage of one's position, powers or assigned duties in countering the proliferation and proliferation financing of weapons of mass destruction to infringe upon the lawful rights and interests of agencies, organisations and individuals; obstructing the lawful activities of agencies, organisations and individuals; covering up, abetting or improperly handling the proliferation or proliferation financing of weapons of mass destruction.

5. Obstructing the provision of information serving the countering of the proliferation and proliferation financing of weapons of mass destruction; destroying records, documents or data in order to evade the measures of management and control provided for in this Law.

6. Obstructing, opposing or failing to comply with decisions on supervision, inspection or examination, or on the application of measures of management and control or of interdiction measures, provided for in this Law.

Article 8. International cooperation

1. International cooperation on countering the proliferation and proliferation financing of weapons of mass destruction shall be carried out on the basis of respect for independence, sovereignty, unity and territorial integrity, non-interference in each other's internal affairs, equality and mutual benefit, and in conformity with the Constitution and the laws of Viet Nam and with the international treaties to which the Socialist Republic of Viet Nam is a party.

2. The contents of international cooperation on countering the proliferation and proliferation financing of weapons of mass destruction include:

a) Exchanging and sharing information in service of the prevention, detection, interdiction and handling of the risk of proliferation and proliferation financing of weapons of mass destruction;

b) Technical assistance, training, refresher training, human resource development, capacity building for management and control; and the development of infrastructure and technical equipment;

c) Coordination in controlling goods, materials, equipment, technology, financial services and related transactions;

d) Coordination in verifying, tracing, freezing, unfreezing and handling assets and transactions related to designated organisations and individuals;

dd) Other matters relating to the implementation of the international treaties to which the Socialist Republic of Viet Nam is a party and of the resolutions of the United Nations Security Council.

Chapter II. MEASURES FOR COUNTERING THE PROLIFERATION AND PROLIFERATION FINANCING OF WEAPONS OF MASS DESTRUCTION

Section 1. SPECIFIC MEASURES OF MANAGEMENT AND CONTROL

Article 9. Specific measures of management and control

1. Specific measures of management and control are measures of management and control applied under this Law on the basis of risk assessment in respect of activities, goods, materials, equipment, software, technology, services and transactions at risk of being exploited for the proliferation or proliferation financing of weapons of mass destruction.

2. Specific measures of management and control include:

a) Management and control under the Control List;

b) Management and control outside the Control List;

c) Management and control of end users and end uses;

d) Management and control of the proliferation financing of weapons of mass destruction;

dd) Management of information and early warning.

Article 10. National risk management in countering the proliferation of weapons of mass destruction

1. National risk management in countering the proliferation of weapons of mass destruction is the process of identifying, collecting, analysing, assessing, monitoring, updating, supervising and giving warning of risks of the proliferation and proliferation financing of weapons of mass destruction on a national scale, serving as the basis for selecting and applying measures of prevention, control, mitigation and handling commensurate with the risks.

2. National risk assessment shall be conducted periodically once every 05 years and shall be reviewed and updated annually, or shall be conducted on an ad hoc basis where a new risk emerges or where required for the implementation of the international treaties to which the Socialist Republic of Viet Nam is a party and of the relevant resolutions of the United Nations Security Council.

3. The National Focal Point shall take the lead and coordinate with the relevant ministries, sectors and localities in organising the national risk assessment; within 30 days from the date on which the assessment results are approved, it shall publish, disseminate or share the assessment results with the agencies, organisations and individuals concerned. Such publication, dissemination and sharing shall ensure the protection of State secrets and of the lawful rights and interests of agencies, organisations and individuals; where the results are not published or are published only in part, there shall be a justified basis therefor and accountability in accordance with law.

4. The agencies, organisations and individuals concerned shall be responsible for providing and sharing information, data, risk warnings and risk updates falling within the scope of their management and activities; and for applying measures of prevention and control appropriate to the risks under this Law and relevant legislation.

5. The results of the national risk assessment shall serve as a basis for the formulation and adjustment of policies, plans, control lists, risk management criteria and early warning mechanisms; for determining the subjects and activities subject to management and control; for the application of specific control measures and of supervision, inspection and examination; and for enhancing enforcement capacity and implementing international obligations on countering the proliferation of weapons of mass destruction.

6. The results of the national risk assessment shall be shared, exploited and used in common with the risk management systems in the fields of customs, tax administration, anti-money laundering and the relevant specialised fields.

7. The Government shall provide for the responsibilities, methods and sources of information and data for the national risk assessment; and for the publication, sharing, exploitation and use of the results of the national risk assessment and the accountability of the agencies and organisations concerned.

Article 11. Criteria for the national risk assessment of the proliferation and proliferation financing of weapons of mass destruction

1. The national risk assessment of the proliferation and proliferation financing of weapons of mass destruction is the process of identifying, analysing and determining the national risk of the proliferation and proliferation financing of weapons of mass destruction on the basis of analysing and comparing the criteria of threat, vulnerability and potential consequence.

2. The criteria for assessing the threat of proliferation and proliferation financing of weapons of mass destruction include:

a) Organisations, individuals, countries, territories or other entities at risk of carrying out, supporting, financing, directing, controlling, concealing or facilitating, or of being exploited for, activities of proliferation of weapons of mass destruction;

b) Goods, materials, equipment, software, technology, services, and activities of trade, investment, transport, logistics, scientific research, training, technology transfer or other activities at risk of being exploited for the proliferation or proliferation financing of weapons of mass destruction;

c) Trends in the development of science and technology and new modalities capable of being exploited for the proliferation or proliferation financing of weapons of mass destruction;

d) Threats arising from countries, territories, transport routes, supply chains, intermediaries, brokers, consignees, representatives, end users or end uses presenting a risk of proliferation or proliferation financing of weapons of mass destruction;

dd) Domestic and international warning information; recommendations of international organisations; and information and documents provided by competent authorities and other relevant agencies.

3. The criteria for assessing vulnerability to the proliferation and proliferation financing of weapons of mass destruction include:

a) Obstacles and shortcomings in the legal system, in coordination mechanisms, in specialised control, in professional procedures, and in the sharing of information, data and risk warnings;

b) The capacity of agencies, organisations and individuals to identify, analyse, forecast, supervise, detect, verify, interdict, investigate and handle the risks and acts of proliferation and proliferation financing of weapons of mass destruction;

c) The level of legal compliance and the effectiveness of internal compliance programmes and of the mechanisms of agencies, organisations and individuals for identifying, assessing and controlling risk, retaining records, reporting, and controlling end users and end uses;

d) The degree of dependence on technology, transport routes, supply chains, digital infrastructure, technology platforms, or countries and territories presenting a risk of proliferation or proliferation financing of weapons of mass destruction.

4. The criteria for assessing the potential consequences of the proliferation and proliferation financing of weapons of mass destruction include:

a) The impact on the sovereignty and the national and ethnic interests, on national defence, security and external relations, and on the implementation of the international obligations of the Socialist Republic of Viet Nam;

b) The impact on human life and health, on the environment, on essential infrastructure, on community safety and on social stability;

c) Damage to the economy, trade, investment, science and technology, to national prestige, and to the lawful activities of agencies, organisations and individuals.

Article 12. Control List

1. The Control List under this Law is the List of dual-use goods and services at risk of being exploited for the proliferation or proliferation financing of weapons of mass destruction, which is developed on the basis of the results of the national risk assessment and of data integrated, standardised, updated and cross-referenced from the relevant specialised control lists falling within the scope of management of the ministries and sectors in accordance with law.

2. The Control List does not replace the specialised control lists issued or published by ministries and sectors; and does not give rise to duplicative business investment conditions, licences, approvals, confirmations, or procedures of declaration, reporting, supervision, examination or inspection. The management, licensing, approval, confirmation, customs clearance, supervision, examination and inspection of dual-use goods and services on the Control List shall be carried out in accordance with specialised legislation.

3. The Control List shall be used for identifying, assessing and giving warning of risk, for sharing information and data, and for applying the specific measures of management and control provided for in this Law to the dual-use goods and services on the Control List.

4. Dual-use goods and services shall be managed in accordance with specialised legislation. Where there is a risk warning concerning the proliferation or proliferation financing of weapons of mass destruction and the information available under specialised legislation is insufficient for risk assessment, the competent authority shall request additional information, documents and data directly serving the countering of the proliferation and proliferation financing of weapons of mass destruction.

On the basis of the results of the risk assessment, where dual-use goods or services present a risk of proliferation or proliferation financing of weapons of mass destruction, the measures of management and control provided for in this Law shall be applied.

5. The Control List shall be reviewed and updated periodically on an annual basis, or on an ad hoc basis upon the request of the National Focal Point for countering the proliferation of weapons of mass destruction; where there is a change in the international treaties to which the Socialist Republic of Viet Nam is a party or in the relevant resolutions of the United Nations Security Council; where specialised legislation changes; or where a new risk emerges or there is an urgent requirement of national defence, security or external relations.

6. The Control List shall be made public on the Web Portal of the National Focal Point for countering the proliferation of weapons of mass destruction and shall be connected and shared with the agencies concerned.

7. The Government shall issue the Control List; and shall provide for the order and procedures for developing, reviewing, updating, publishing, exploiting and using the Control List.

Article 13. Activities subject to management and control

Activities subject to management and control, where they involve dual-use goods and services on the Control List, include:

1. Exporting, importing, temporarily importing, re-exporting, transiting, transhipping and transloading goods, materials, equipment, software and technology;

2. Researching, developing, transferring, producing, manufacturing, storing, using, transporting and destroying goods, materials, equipment, software and technology;

3. Researching, developing, transferring and providing technical services, technical assistance, training, technical consultancy and other related services;

4. Brokerage, representation, acceptance of mandates, trade promotion or other intermediary activities relating to goods, materials, equipment, software, technology and services subject to management and control.

Article 14. Measures of management and control of dual-use goods and services on the Control List

1. The measures of management and control include:

a) Licensing, approval, confirmation or the application of specialised management measures in accordance with law;

b) Declaring, reporting and providing information, documents and data for the assessment of the risk of proliferation and proliferation financing of weapons of mass destruction;

c) Verifying the end user, the end use, the beneficiary, the beneficial owner, the entity exercising actual control, the transport route, the supply chain and the information serving management and control;

d) Retaining records, documents and data relating to the activities subject to management and control;

dd) Examining, supervising, giving warning of, monitoring and conducting ex-post inspection of the performance of the activities subject to management and control;

e) Suspending an activity where there are signs of risk requiring verification of the end user, the end use, the beneficiary, the beneficial owner, the entity exercising actual control, the transport route or the supply chain;

g) Terminating an activity where there are grounds showing that the activity is directly related to designated organisations or individuals, or is an activity serving or supporting the proliferation or proliferation financing of weapons of mass destruction, or in order to implement the requirements of the international treaties to which the Socialist Republic of Viet Nam is a party and of the relevant resolutions of the United Nations Security Council, or where there is an urgent requirement of national defence, security or external relations in accordance with law.

2. A decision to suspend or terminate an activity shall be made in writing, clearly specifying the grounds, the subjects, the scope, the time limit, the responsibility for implementation and the right of the affected agencies, organisations and individuals to lodge complaints and to institute legal proceedings.

3. The time limit for the suspension of an activity provided for at point e, clause 1 of this Article shall not exceed 15 days; where the case is complex and further verification is required, it may be extended once but for no more than 15 days, and the reason for the extension shall be stated clearly in writing. Upon expiry of the time limit, or where the grounds for application no longer exist, the suspension measure shall immediately be terminated. Where the unlawful application of the measure causes damage, compensation shall be paid in accordance with law.

4. The Government shall provide for the order, procedures and competence for applying the measures of suspension and termination of an activity provided for at points e and g, clause 1 of this Article.

Article 15. Measures of management and control of goods and services outside the Control List

1. The management and control of goods and services outside the Control List shall be applied to the activities provided for in Article 13 of this Law where the grounds provided for in clause 2 of this Article exist.

2. Measures of management and control outside the Control List shall be applied where any one of the following grounds exists:

a) There is information, documentation or data showing that the end user, the beneficiary, the beneficial owner or the entity exercising actual control is related to designated organisations or individuals or to activities of proliferation or proliferation financing of weapons of mass destruction;

b) The end user or the end use is not clearly determined; or the records, documents or data show signs of concealment, incorrect declaration or abnormal alteration, or cannot be substantiated as required by the competent authority;

c) The organisation or individual carrying out an activity provided for in Article 13 of this Law knows, or has grounds to determine, that the goods, materials, equipment, software, technology or services may be used, in whole or in part, for the purpose of the proliferation or proliferation financing of weapons of mass destruction;

d) There is a warning from a competent domestic authority, or an international warning, directly related to an activity provided for in Article 13 of this Law or to the end user or the end use, or it is so required by an international treaty to which the Socialist Republic of Viet Nam is a party or for the implementation of a relevant resolution of the United Nations Security Council.

3. The control measures outside the Control List include:

a) Requesting the provision or supplementation of information, documents and data; and requesting an explanation concerning the end user, the end use, the beneficiary, the beneficial owner and the entity exercising actual control;

b) Verifying the end user, the end use, the beneficiary, the beneficial owner and the entity exercising actual control;

c) Retaining the relevant records, documents and data;

d) Monitoring, examining and supervising the end user, the end use, the beneficiary, the beneficial owner and the entity exercising actual control;

dd) Suspending an activity for verification where there are specific signs of risk concerning the end user or the end use but the grounds are not yet sufficient to terminate the activity;

e) Terminating an activity where there are grounds to determine that the end user or the end use is directly related to designated organisations or individuals.

4. A decision to apply measures of management and control outside the Control List shall be made in writing, clearly specifying the grounds, the subjects, the scope, the measures, the time limit and the responsibility for implementation; and shall be notified to the agencies, organisations and individuals concerned for implementation.

5. The time limit for the suspension of an activity provided for at point dd, clause 3 of this Article shall not exceed 15 days; where the case is complex, it may be extended once but for no more than 15 days, and the reason shall be stated clearly in writing. Upon expiry of the time limit, or where the grounds for application no longer exist, the measure shall immediately be terminated and the lawful rights and interests restored. Where the unlawful application of the measure causes damage, compensation shall be paid in accordance with law.

6. The Government shall provide in detail for the order, procedures and competence for applying the control measures outside the Control List provided for in clause 3 of this Article.

Article 16. Control of end users and end uses

1. Organisations and individuals carrying out activities subject to management and control shall be responsible for providing, in an honest, complete and timely manner, information and documents concerning the end user, the end use, the beneficiary, the transport route, the supply chain and other information and documents as required by the competent authority.

2. The competent authority may request the organisations and individuals concerned to provide, supplement or explain information and documents concerning the end user and the end use in respect of activities subject to management and control or where there is a risk warning. Before requesting the provision or supplementation of information and documents, the competent authority shall be responsible for reviewing, carrying over and using the information, documents and data already available in the records and in the specialised databases. Organisations and individuals shall be requested to provide or supplement information, documents and data only where the available information is not sufficient to determine, assess, verify or handle the risk of proliferation or proliferation financing of weapons of mass destruction.

3. The criteria for the control of end users and end uses include:

a) The end user is related to designated organisations or individuals, to a warning list, or to countries or territories presenting a high risk of proliferation or proliferation financing of weapons of mass destruction;

b) The end use is inconsistent with the needs, functions and fields of activity of the organisations and individuals concerned or with the information and documents they have provided;

c) The dual-use goods or services have technical characteristics, utilities or application capability for researching, developing, producing, manufacturing, operating, maintaining or using weapons of mass destruction or means of delivery of weapons of mass destruction;

d) The transport route, the supply chain, the intermediary, the broker, the consignee, the representative or the transaction shows abnormal signs or is intended to conceal the end user or the end use;

dd) The records, information, documents or data are inconsistent or incomplete, or show signs of concealment, forgery or abnormal alteration, or the organisation or individual refuses to provide information and documents as required by the competent authority;

e) There is warning information, a recommendation or information exchanged from a competent Vietnamese authority, a competent foreign authority or an international organisation, or it is required for the implementation of an international treaty to which the Socialist Republic of Viet Nam is a party or of a relevant resolution of the United Nations Security Council.

4. The measures for the control of end users and end uses include:

a) Requesting the provision, supplementation or explanation of the relevant records, information, documents and data;

b) Cross-checking and verifying information concerning the end user, the end use, the beneficiary, the beneficial owner, the entity exercising actual control, the transport route and the supply chain;

c) Requesting agencies, organisations and individuals to give undertakings concerning the end user and the end use;

d) Applying appropriate warning, monitoring and examination;

dd) Applying other measures of management and control under this Law and relevant legislation.

5. The control of end users and end uses shall be based on risk assessment and shall not give rise to obligations duplicating those under specialised legislation. The application of the measures for the control of end users and end uses provided for in clause 4 of this Article shall be made in writing, clearly stating the grounds, the subjects, the scope, the measures, the time limit, the responsibility for implementation and the right of organisations and individuals to lodge complaints and to institute legal proceedings.

6. The Government shall provide for the order, procedures and competence for applying the measures for the control of end users and end uses provided for in clause 4 of this Article.

Article 17. Interdiction and emergency response measures

1. Interdiction and emergency response measures shall be applied immediately upon the detection of an act of proliferation or proliferation financing of weapons of mass destruction, in order to prevent damage to national defence, security or external relations or to the implementation of the international obligations of the Socialist Republic of Viet Nam.

2. Interdiction and emergency response measures shall be applied where any one of the following grounds exists:

a) The activity, transaction, goods, materials, equipment, software, technology, services, money, assets or means are directly related to designated organisations or individuals;

b) There are grounds to determine that the activity, transaction, goods, materials, equipment, software, technology, services, money, assets or means are being, or are about to be, used to carry out or support activities of proliferation or proliferation financing of weapons of mass destruction;

c) There is a risk of dissipation, movement, destruction or concealment of goods, documents, data, money, assets, means or evidence related to the risk of proliferation or proliferation financing of weapons of mass destruction;

d) There are signs of concealment of the end user, the end use, the beneficiary, the beneficial owner, the entity exercising actual control, the transport route, the supply chain or the origin of money or assets in order to evade measures of management and control;

dd) There is warning information, a request for coordination or a request for urgent handling from a competent Vietnamese authority; there is a requirement to implement an international treaty to which the Socialist Republic of Viet Nam is a party or a relevant resolution of the United Nations Security Council; or there is a request from a competent foreign authority or an international organisation concerning the countering of the proliferation of weapons of mass destruction.

3. Interdiction and emergency response measures include:

a) Suspending activities and postponing transactions directly related to designated organisations or individuals;

b) Freezing the related assets and accounts in accordance with law;

c) Temporarily detaining persons and temporarily seizing assets, goods, materials, equipment, software, data, documents and means in accordance with law;

d) Other necessary measures in accordance with law.

4. A decision to apply interdiction and emergency response measures shall be made in writing, clearly specifying the grounds, the subjects, the scope, the time limit, the responsibility for implementation, and the right of the affected organisations and individuals to give explanations, to lodge complaints and to institute legal proceedings.

5. The time limit for applying the interdiction and emergency response measures provided for at points a, c and d, clause 3 of this Article shall not exceed 24 hours from the time the measure is applied. Where the grounds for application no longer exist, the interdiction and emergency response measure shall immediately be terminated.

The time limit for applying the measure provided for at point b, clause 3 of this Article to organisations and individuals on a list of the United Nations Security Council shall last until there is a decision to de-list them or an unfreezing decision of the competent authority. For organisations and individuals on a List established by a competent Vietnamese authority, the time limit for application shall be clearly stated in the decision of the competent authority but shall be reviewed periodically at least once every 06 months; where the grounds for application no longer exist, unfreezing shall be effected.

6. The competent authority applying interdiction and emergency response measures shall conduct a review immediately within the period of application; where the grounds no longer exist, it shall terminate the measure and restore the lawful rights and interests of the affected organisations and individuals. Where the unlawful application of a measure causes damage, compensation shall be paid in accordance with law.

7. The Government shall provide for the order, procedures, competence and coordination mechanism for implementing the interdiction and emergency response measures provided for in clause 3 of this Article.

Article 18. Internal compliance programmes of organisations and enterprises

1. An internal compliance programme is the system, processes and measures established and implemented by an organisation or enterprise carrying out activities subject to management and control, in a manner appropriate to the scale and nature of its activities and to the risks involved, in order to ensure compliance with this Law and relevant legislation for the purpose of identifying, preventing, controlling and handling risks and violations concerning the proliferation and proliferation financing of weapons of mass destruction. The contents of an internal compliance programme include:

a) Risk identification, assessment and management;

b) Control of end users and end uses;

c) Information management and record retention;

d) Training, examination, evaluation and updating of the programme;

dd) Mechanisms for detecting, reporting and handling internal violations.

2. An internal compliance programme may be developed independently or integrated into an existing governance and internal control system. The development and implementation of an internal compliance programme shall be a criterion for assessing the level of compliance of an organisation or enterprise and for considering the application of the priority regime provided for in Article 19 of this Law.

Article 19. Assessment, recognition and application of the priority regime to compliant organisations and enterprises

1. An organisation or enterprise having an internal compliance programme shall be assessed and recognised, and shall be considered for the application of the priority regime, where it satisfies the following conditions:

a) It effectively implements an internal compliance programme in accordance with clause 1, Article 18 of this Law;

b) It duly observes policies and laws;

c) It complies with the regimes of reporting, record retention, provision of information and cooperation in verification upon the request of the competent authority.

2. An organisation or enterprise satisfying the conditions provided for in clause 1 of this Article shall be entitled to one or more of the following priority regimes:

a) Reduction of the frequency and scope of examination and supervision, with increased application of ex-post inspection commensurate with the risks;

b) Simplification of the regimes of declaration, reporting and provision of information and documents; and exploitation and use of the information and data already available in the information systems and databases of the competent State authorities in accordance with law;

c) Priority as regards the time limit for processing records and procedures subject to management and control.

3. An organisation or enterprise to which the priority regime is applied shall be responsible for ensuring that the conditions provided for in clause 1 of this Article continue to be satisfied; for providing information honestly, completely and promptly; and for submitting to examination, supervision and ex-post inspection in accordance with law. Where it no longer satisfies the conditions or violates this Law, the priority regime shall be suspended, terminated or revoked.

4. The Government shall provide in detail for the order, procedures and competence for the assessment, recognition and application of the priority regime to organisations and enterprises provided for in this Article.

Section 2. MANAGEMENT AND CONTROL OF PROLIFERATION FINANCING OF WEAPONS OF MASS DESTRUCTION

Article 20. Control of the proliferation financing of weapons of mass destruction

1. The control of the proliferation financing of weapons of mass destruction shall be carried out on the basis of identifying, assessing, monitoring, detecting and reporting, postponing transactions, freezing accounts, sealing, freezing or temporarily seizing money and assets, and applying other measures in accordance with this Law and relevant laws, with respect to money, assets, financial services, economic benefits, digital assets or other means of transferring value that are at risk of being used to carry out, support or finance the proliferation of weapons of mass destruction.

2. Financial institutions and relevant non-financial business organisations and individuals shall perform the obligations on countering proliferation financing provided for in Article 26 of this Law. The obligations on customer identification, identification of beneficial owners, development of internal regulations, reporting, provision and retention of information shall be performed in accordance with the law on anti-money laundering.

3. Where there are grounds to suspect, or where there is detected, a transaction or an act bearing signs of the proliferation financing of weapons of mass destruction, organisations and individuals shall immediately report it to the competent authority; shall carry out transaction postponement and the freezing of money and assets as prescribed; and shall cooperate in inspection, verification and handling in accordance with law.

Article 21. National risk assessment on the proliferation financing of weapons of mass destruction

1. The national risk assessment on the proliferation financing of weapons of mass destruction shall be carried out on the basis of the criteria for the national risk assessment on the proliferation and proliferation financing of weapons of mass destruction provided for in Article 11 of this Law and the results of the national risk assessment on anti-money laundering. The results of the national risk assessment on the proliferation financing of weapons of mass destruction shall be incorporated into the cycle of the national risk assessment on countering the proliferation of weapons of mass destruction provided for in Article 10 of this Law.

2. The cycle of the national risk assessment on the proliferation financing of weapons of mass destruction shall be carried out in accordance with clause 2 of Article 10 of this Law.

3. The results of the national risk assessment on the proliferation financing of weapons of mass destruction shall serve as the basis for the development, adjustment and updating of policies and measures to control proliferation financing; for the application of risk-based management measures and the identification of suspicious transactions; for guiding relevant organisations and individuals in performing their obligations on risk assessment and risk control; and for information sharing, inter-agency coordination and international cooperation.

4. The Government shall provide for the responsibilities, methodology and sources of information and data for the national risk assessment on the proliferation financing of weapons of mass destruction, as well as for the publication, sharing, exploitation and use of the results of the national risk assessment and the accountability of the relevant agencies and organisations.

Article 22. Suspicious transactions related to the proliferation financing of weapons of mass destruction

1. A reporting entity shall be responsible for immediately reporting a suspicious transaction to the State Bank of Viet Nam where there are reasonable grounds to suspect that the transaction is related to the proliferation financing of weapons of mass destruction.

Reasonable grounds to suspect that a transaction is related to the proliferation financing of weapons of mass destruction shall be determined through the examination, collection and analysis of information where the customer presents one or more of the suspicious indicators provided for in clause 4 of this Article, or may be determined from other indicators identified by the reporting entity.

2. The State Bank of Viet Nam shall be responsible for receiving and processing, and for promptly transferring and exchanging, information and data on suspicious transactions related to the proliferation financing of weapons of mass destruction with the National Focal Point for countering the proliferation of weapons of mass destruction and with competent State authorities for verification and handling in accordance with law.

3. The reporting of suspicious transactions under clause 1 of this Article shall not depend on the value of the transaction, nor on whether the transaction has been completed.

4. Suspicious transaction indicators shall be determined on the basis of one or several of the following groups of indicators:

a) The customer, beneficiary, representative, controlling person or related person is on the List of Designated Organisations and Individuals or on a warning list, or presents signs of concealment or falsification of identity;

b) The transaction is inconsistent with the customer profile, the economic purpose, the field of operation, the financial capacity or the transaction history;

c) The transaction involves a country, territory, transport route, counterparty, goods, technology or service presenting a high risk of the proliferation or proliferation financing of weapons of mass destruction;

d) The transaction presents signs of structuring into smaller amounts, of being routed through multiple intermediaries, or of the use of complex ownership, payment or beneficiary structures in order to conceal the origin, the purpose or the ultimate beneficial owner;

dd) A trade finance, guarantee, letter of credit, international payment, insurance, transport or logistics transaction contains inconsistent information on the goods, the transport route, the end user, the end use or the beneficiary;

e) The transaction uses digital assets, electronic means of payment, ownership structures, intermediaries, consignees or representatives in order to conceal the origin of the assets, the beneficiary, the beneficial owner or the entity exercising actual control.

5. On the basis of the requirements of the work of countering proliferation financing of weapons of mass destruction in each period, the National Focal Point shall submit to the Government additional suspicious indicators beyond those provided for in clause 4 of this Article.

6. The time limits for and the regime of reporting suspicious transactions shall comply with the law on anti-money laundering.

Article 23. List of Organisations and Individuals Designated in Relation to the Proliferation and Proliferation Financing of Weapons of Mass Destruction

1. The List of Organisations and Individuals Designated in Relation to the Proliferation and Proliferation Financing of Weapons of Mass Destruction comprises the lists issued by the United Nations Security Council or by a competent body of the United Nations Security Council and the list established by the National Focal Point for countering the proliferation of weapons of mass destruction in accordance with this Law.

2. An organisation or individual shall be included in the List of Designated Organisations and Individuals where it falls under one of the following cases:

a) Being named in a list issued by the United Nations Security Council or by a competent body of the United Nations Security Council;

b) There are grounds showing the commission, support, financing, direction, control or concealment of, or the facilitation of, activities of proliferation or proliferation financing of weapons of mass destruction;

c) Acting on behalf of, at the direction of, under the management or control of, or for the benefit of an organisation or individual specified in point a or point b of this clause.

3. The grounds for removing an organisation or individual from the List of Designated Organisations and Individuals include:

a) The United Nations Security Council or a competent body of the United Nations Security Council has removed the organisation or individual from the list of designated organisations and individuals;

b) The grounds specified in point b of clause 2 of this Article no longer exist;

c) There has been a mistake of identity;

d) The organisation has ceased to operate or the individual has died.

4. The List of Designated Organisations and Individuals shall be updated and notified for implementation immediately and without delay. Where it is necessary to protect State secrets, national defence, security or external relations, or where so required by a competent authority, the scope and manner of publication and notification shall comply with the regulations of the Government.

5. The inclusion in, and the removal from, the List of Designated Organisations and Individuals shall be effected by a written document of the competent authority.

6. The List of Designated Organisations and Individuals shall be reviewed periodically or on an ad hoc basis; a designated organisation or individual shall have the right to make recommendations, to lodge complaints and to institute legal proceedings. The lawful rights and interests of bona fide third parties shall be protected in accordance with this Law and relevant laws.

7. The Government shall provide detailed regulations on this Article.

Article 24. Transaction postponement and the freezing of accounts, and the sealing, freezing or temporary seizure of assets

1. Assets related to the proliferation or proliferation financing of weapons of mass destruction include:

a) Assets owned, possessed, used, disposed of or controlled, directly or indirectly, in whole or in part, by an organisation or individual on the List of Designated Organisations and Individuals;

b) Assets derived from assets owned, possessed, used, disposed of or controlled, directly or indirectly, in whole or in part, by an organisation or individual on the List of Designated Organisations and Individuals;

c) Assets owned, possessed, used, disposed of or controlled by an organisation or individual entitled to act in the name of an organisation or individual on the List of Designated Organisations and Individuals, or subject to the management, direction or control of such organisation or individual;

d) Assets used, or intended to be used, for the purpose of the proliferation or proliferation financing of weapons of mass destruction; assets obtained from acts of proliferation or proliferation financing of weapons of mass destruction, from acts of misappropriation or from other acts of violation of law.

2. Transaction postponement and the freezing of accounts, and the sealing, freezing or temporary seizure of assets shall be applied to assets owned, managed or controlled, directly or indirectly, by a designated organisation or individual; to assets derived from such assets; to assets of an organisation or individual acting on behalf of, at the direction of or for the benefit of a designated organisation or individual; and to assets used, or intended to be used, for activities of proliferation or proliferation financing of weapons of mass destruction.

3. Transaction postponement, the freezing of accounts, and the sealing, freezing or temporary seizure of assets shall not transfer the ownership of the assets and shall not extinguish the lawful rights and interests of the owner, the manager or a bona fide third party, except for the portion of rights restricted by a decision or a notification of the competent authority.

4. The grounds for applying the measure of transaction postponement include:

a) There is a match of identity, or there are reasonable grounds to suspect that the parties involved are related to the List of Designated Organisations and Individuals;

b) The requirements of implementing a resolution of the United Nations Security Council or an international treaty to which the Socialist Republic of Viet Nam is a party;

c) At the request of the National Focal Point for countering the proliferation of weapons of mass destruction.

5. Organisations and individuals shall apply the measure of transaction postponement without delay where the case falls within the scope of application of the measure under clause 4 of this Article, and shall immediately report it to the competent authority in accordance with the law on anti-money laundering and relevant laws within 24 hours from the time of application of the measure. The duration of application of the postponement measure shall comply with the law on anti-money laundering.

6. The authority receiving the report under clause 5 of this Article shall be responsible for examining and verifying the report of the organisation or individual on the transaction postponement and for notifying that organisation or individual to terminate immediately, or to continue to apply, the appropriate measures provided for in clause 7 of this Article. The time limit for the response of the authority receiving the report shall not exceed 48 hours from the time of receipt of the report of the organisation or individual.

7. The freezing of accounts, and the sealing, freezing or temporary seizure of assets shall be carried out pursuant to a decision of the competent State authority. Relevant organisations and individuals shall implement the decision of the competent State authority on the freezing of accounts, and on the sealing, freezing or temporary seizure of assets of organisations and individuals in accordance with law.

8. The freezing of accounts, and the sealing, freezing or temporary seizure of assets shall be timely and shall comply with the correct grounds, scope and subjects; the decision or notification of application shall clearly determine the subjects, assets and transactions to which it applies, the time of effect, the duration of application, the responsibilities for implementation, and the mechanisms for review, complaint and the institution of legal proceedings. With respect to organisations and individuals on a list of the United Nations Security Council, the duration of application shall continue until there is a decision to remove them from the list or a decision of the competent authority to unfreeze. With respect to organisations and individuals on a list established by a competent authority of Viet Nam, the duration of application shall be as provided in the designation decision, but shall be reviewed periodically at least once every 06 months; where the grounds for application no longer exist, unfreezing shall be carried out in accordance with clause 9 of this Article.

9. The unfreezing, in whole or in part, of frozen assets and accounts; the removal of seals from assets; and the return of temporarily seized assets shall be carried out only where one of the following cases applies:

a) The grounds for applying the measure of sealing, freezing or temporary seizure under this Law no longer exist;

b) There has been a mistake of identity;

c) The assets are not owned by, or under the direct or indirect management or control of, the designated organisation or individual;

d) It is necessary to protect the lawful rights and interests of a bona fide third party;

dd) The assets are permitted to be used for basic needs or for medical, educational, legal or humanitarian purposes in accordance with this Law, relevant laws, an international treaty to which the Socialist Republic of Viet Nam is a party, or a relevant resolution of the United Nations Security Council.

Article 25. Rights of designated organisations and individuals, bona fide third parties and persons with related lawful rights and interests

1. A designated organisation or individual shall have the right to be notified of the designation and of the measures applied, except where such notification would affect national defence, security, external relations or State secrets.

2. A designated organisation or individual shall have the right to make recommendations, to lodge complaints, to institute legal proceedings, and to request the amendment or annulment of the designation decision or of the application of interdiction and emergency response measures in accordance with law.

3. A designated organisation or individual, or a party with related lawful rights and interests, shall have the right to request the partial unfreezing of accounts or assets in order to meet basic needs or medical, educational, legal or humanitarian needs, or other lawful obligations, in accordance with this Law, relevant laws, international treaties to which the Socialist Republic of Viet Nam is a party and relevant resolutions of the United Nations Security Council.

4. A bona fide third party and a person with lawful rights and interests related to a frozen account; to assets that have been sealed, frozen or temporarily seized; or to a postponed transaction shall have the right to request the competent authority to review and to unfreeze, in whole or in part, the account, assets or transaction; and to claim compensation for damage where the measure has been applied unlawfully.

5. The competent authority shall be responsible for receiving, considering and responding to recommendations and requests for the review and unfreezing of, or for the sealing, freezing or temporary seizure of, assets within 15 days from the date of receipt of a complete and valid dossier and documents. In complicated cases, the time limit may be extended once, but the total time for resolution shall not exceed 30 days, and the requesting person shall be notified in writing. Any refusal shall be answered in writing with a clear statement of reasons.

6. The Government shall provide detailed regulations on the order and procedures for making recommendations, for review and for the unfreezing of assets, and for the protection of the lawful rights and interests of designated organisations and individuals, of persons with related rights and interests and of bona fide third parties.

Article 26. Responsibilities of financial institutions and of relevant organisations and individuals

1. Financial institutions and relevant non-financial business organisations and individuals shall be responsible for performing the obligations on countering proliferation financing of weapons of mass destruction under this Law, the law on anti-money laundering and relevant laws, including:

a) Identifying customers and collecting, updating and verifying customer identification information; carrying out risk assessment and the classification of customers according to risk; monitoring transactions; developing internal regulations and reporting, providing and retaining information, dossiers and documents on countering proliferation financing of weapons of mass destruction;

b) Regularly reviewing and screening customers, beneficiaries, beneficial owners, representatives, authorised persons, transactions and assets against the List of Designated Organisations and Individuals and relevant risk warning information;

c) Freezing accounts without delay and, at the same time, notifying the competent authority within a time limit not exceeding 24 hours from the time of freezing, and notifying organisations and individuals with related rights and interests in accordance with law;

d) Not providing money, assets or financial services to, or for the benefit of, designated organisations and individuals;

dd) Postponing or refusing transactions and terminating relations with customers where there are grounds therefor under this Law, the law on anti-money laundering and relevant laws;

e) Reviewing, updating and assessing the risks of new products and services, of existing products and services applying new technologies, of new payment methods, and of digital assets or other means of transferring value that are at risk of being misused for the proliferation financing of weapons of mass destruction;

g) Developing training programmes on countering proliferation financing of weapons of mass destruction; regularly updating the list of designated organisations and individuals.

2. Financial institutions and relevant non-financial business organisations and individuals shall not bear legal liability for damage arising where they have fully and correctly implemented a decision, notification or request of the competent authority, or have correctly performed the obligations of account freezing, postponement, freezing or refusal of transactions in accordance with this Law and relevant laws.

Section 3. INFORMATION, DATA AND EARLY WARNING

Article 27. Sharing of information and data

1. State authorities and relevant organisations and individuals shall, within the scope of their functions, tasks and powers or of their compliance obligations, be responsible for sharing, exchanging, providing, updating, exploiting and using information and data related to countering the proliferation of weapons of mass destruction in a timely, complete and accurate manner, within their competence, for the correct purpose and in conformity with the provisions of law.

2. The information and data to be shared include:

a) Information on organisations and individuals related to the proliferation or proliferation financing of weapons of mass destruction;

b) Financial transactions, money flows and assets related to the proliferation or proliferation financing of weapons of mass destruction;

c) Goods, materials, equipment, software, technologies and services subject to control;

d) The List of Designated Organisations and Individuals, the Control List, and information on licensing, declaration, monitoring, inspection, examination and the handling of violations;

dd) Warnings from international organisations, foreign authorities and domestic authorities;

e) Other information and data serving risk management and warning.

3. The sharing, exchange, provision, updating, exploitation and use of information and data shall clearly determine the scope, the subjects, the purpose and the competence of access; and shall ensure the protection of State secrets and business secrets, the protection of personal data, and the protection of information and documents falling within the scope of restricted access in accordance with law.

Article 28. National database on countering the proliferation of weapons of mass destruction

1. The national database on countering the proliferation of weapons of mass destruction is a specialised database serving State management in the field of countering the proliferation and proliferation financing of weapons of mass destruction; it shall be developed, managed, connected, shared, exploited and used in accordance with this Law and relevant laws.

2. The national database on countering the proliferation of weapons of mass destruction comprises the following information and data:

a) The List of Designated Organisations and Individuals;

b) The Control List provided for in Article 12 of this Law;

c) Information on licensing, declaration and the control of export, import, transit, transhipment, transloading and transfer bearing signs of relation to countering the proliferation of weapons of mass destruction;

d) Financial transactions and assets bearing signs of relation to countering the proliferation of weapons of mass destruction;

dd) The results of monitoring, inspection, examination and the handling of violations;

e) Other data serving the countering of the proliferation of weapons of mass destruction.

3. The national database on countering the proliferation of weapons of mass destruction shall be connected with and shared with relevant specialised databases and other national databases in accordance with law.

4. The Government shall provide for the development, management, operation, updating, connection, exploitation and use of, and the assurance of the safety and security of, the information system and the national database on countering the proliferation of weapons of mass destruction, and shall assign the authority in charge and the coordinating authorities for the implementation thereof.

Article 29. Early warning of the risk of the proliferation and proliferation financing of weapons of mass destruction

1. Early warning of the proliferation and proliferation financing of weapons of mass destruction shall be carried out where there is information on a risk of the proliferation or proliferation financing of weapons of mass destruction.

2. The contents of early warning include:

a) Entities, goods, materials, equipment, software, technologies, services, activities, transactions, money, assets, financial resources, transport routes and supply chains bearing signs of risk;

b) Methods, modi operandi, abnormal indicators and signs of concealment of the end user or the end use, or of evasion of the sanctions measures of the United Nations;

c) The risk of proliferation, the degree of vulnerability and the potential consequences that may occur.

3. Early warning shall be carried out in one or several of the following forms:

a) A written warning of the competent authority;

b) An electronic notification, or a notification through a database, an information system, a specialised warning system or a portal designated by the competent authority;

c) A direct notification or an urgent notification in cases where a direct and existing risk needs to be addressed immediately;

d) Other appropriate forms in accordance with law.

4. The National Focal Point shall be responsible for taking the lead in collecting, consolidating, analysing, assessing and verifying information and in issuing, updating, amending and withdrawing early warnings; and for guiding, urging and inspecting the receipt, processing of and response to warnings in accordance with law.

5. Ministries, sectors, localities and relevant agencies and organisations shall be responsible for receiving, processing and responding to warnings; and for coordinating in verification and in the application of appropriate management and control measures.

Chapter III. STATE MANAGEMENT AND ASSURANCE OF CONDITIONS FOR IMPLEMENTATION

Article 30. State management of countering the proliferation of weapons of mass destruction

1. The Government shall exercise unified State management of countering the proliferation of weapons of mass destruction.

2. The Ministry of National Defence shall take the lead in assisting the Government in exercising State management of countering the proliferation of weapons of mass destruction, except for the contents of implementing international treaties that have been assigned to specialised management ministries in accordance with law.

3. The contents of State management of countering the proliferation of weapons of mass destruction include:

a) Promulgating, submitting to the competent authority for promulgation, and organising the implementation of legal documents, strategies, programmes and plans on countering the proliferation of weapons of mass destruction;

b) Organising the conduct, management and updating of the national risk assessment; developing, reviewing and updating the Control List, the risk management criteria and the risk-based management and control measures;

c) Organising the implementation of management and control measures with respect to activities subject to management and control under the Control List; management and control outside the Control List; the control of end users and end uses; and interdiction and emergency response measures;

d) Organising the management and control of proliferation financing, the List of Designated Organisations and Individuals, the freezing of money and assets, and the protection of the lawful rights and interests of bona fide third parties in accordance with this Law and relevant laws;

dd) Developing, managing, operating and exploiting the national database on countering the proliferation of weapons of mass destruction; the early warning mechanism; and the mechanism for sharing information and data and for inter-agency coordination in countering the proliferation of weapons of mass destruction;

e) Conducting public information, dissemination and legal education; providing guidance and support for compliance; providing training, further training and the development of human resources; and conducting research into and the application of science, technology and digital transformation in service of countering the proliferation of weapons of mass destruction;

g) Organising the monitoring, inspection, examination and evaluation of the effectiveness of implementation; settling complaints and denunciations; and detecting, preventing and handling violations in accordance with law;

h) Implementing the regime of information, reporting, statistics, interim review, overall review and evaluation of the situation and the results of implementing the countering of the proliferation of weapons of mass destruction;

i) Engaging in international cooperation on countering the proliferation of weapons of mass destruction;

k) Ensuring funding, physical facilities, equipment, technical infrastructure, databases and other resources in service of the implementation of this Law.

4. The Government shall provide detailed regulations on the mechanism of coordination, the assignment and decentralisation of tasks and management responsibilities; on inspection and examination work; and on the regime of information, reporting and data sharing in organising the implementation of the work of countering the proliferation of weapons of mass destruction.

Article 31. National Focal Point for countering the proliferation of weapons of mass destruction

1. The National Focal Point for countering the proliferation of weapons of mass destruction is the Ministry of National Defence, which shall be responsible for advising and assisting the Government in directing, coordinating, urging, monitoring and consolidating the situation, and in guiding the organisation of implementation and the application of measures on countering the proliferation of weapons of mass destruction.

2. The Government shall provide detailed regulations on the tasks, powers, operating mechanism and conditions for ensuring the operation of the National Focal Point for countering the proliferation of weapons of mass destruction.

Article 32. Forces for countering the proliferation of weapons of mass destruction

1. The forces for countering the proliferation of weapons of mass destruction comprise the core forces and the broad-based forces.

2. The core forces include:

a) The forces specialising in countering the proliferation of weapons of mass destruction under the Ministry of National Defence and the Ministry of Public Security;

b) The forces assigned to perform the tasks of countering the proliferation of weapons of mass destruction under central ministries and sectors, ministerial-level agencies and localities.

3. The broad-based forces shall be constituted by the participation of the entire people.

4. The core forces shall be provided with education, training, further training and exercises in accordance with the regulations of the Government.

Article 33. Resources for countering the proliferation of weapons of mass destruction

1. The financial sources for countering the proliferation of weapons of mass destruction include:

a) The State budget;

b) Sponsorships and voluntary contributions of domestic and foreign organisations and individuals;

c) Other financial sources in accordance with law.

2. The State shall ensure the budget for countering the proliferation of weapons of mass destruction in accordance with the law on the State budget.

3. The equipment and technical means for countering the proliferation of weapons of mass destruction comprise the types of means, equipment and supplies ensuring the activities of countering the proliferation of weapons of mass destruction. The Government shall promulgate the list of equipment and technical means for countering the proliferation of weapons of mass destruction.

Article 34. Regimes and policies applicable to the forces for countering the proliferation of weapons of mass destruction

1. The forces specialising in countering the proliferation of weapons of mass destruction shall, when performing duty tasks, tasks of a specific nature or tasks in a dangerous or toxic environment, be entitled to the duty regime, allowances and the toxicity and danger subsidy regime in accordance with law.

2. Persons mobilised or called upon to participate in training, exercises or the performance of the tasks of countering the proliferation of weapons of mass destruction pursuant to a decision of the competent level shall be entitled to allowances; where they fall ill, suffer an accident, die or suffer a reduction in working capacity, they shall be entitled to the social insurance regime, survivors' allowance and funeral allowance; where they have not participated in compulsory social insurance, they shall be provided with State support to compensate for the harm to their health or life in accordance with law; where they achieve merits, they shall be commended and rewarded in accordance with the law on emulation and commendation.

3. Agencies, organisations and individuals that participate in, coordinate with, collaborate with or support the forces for countering the proliferation of weapons of mass destruction shall, where they achieve merits, be commended and rewarded; where they suffer damage to assets, they shall be compensated; where their honour and dignity are harmed, these shall be restored; where a person suffers injury or harm to health or life, that person or that person's family shall be entitled to the regimes and policies provided for by law.

4. The Government shall provide detailed regulations on this Article.

Chapter IV. IMPLEMENTATION PROVISIONS

Article 35. Entry into force

This Law shall come into force on 1 July 2027.

Article 36. Transitional provisions

1. The National Focal Point and the agencies and units assigned to perform the tasks of countering the proliferation of weapons of mass destruction that are operating before the date of entry into force of this Law shall continue to perform their functions, tasks and powers in accordance with law.

2. Cases concerning the countering of the proliferation of weapons of mass destruction that have been accepted for handling by a competent authority before the date of entry into force of this Law but have not yet been fully resolved shall continue to be resolved in accordance with the law in force at the time of acceptance.

This Law was passed on 23 August 2026 by the National Assembly of the Socialist Republic of Viet Nam, XVI Legislature, at its first extraordinary session./.