What are regulations on requirements for investment and trading in military uniforms, military equipment for the people's armed forces in service of national defense and security in Vietnam?

What are regulations on requirements for investment and trading in military uniforms, military equipment for the people's armed forces in service of national defense and security in Vietnam?

Article 6 of Decree 101/2022/ND-CP (effective from January 30, 2023) stipulates requirements for investment and trading in military uniforms, military equipment for the people's armed forces in service of national defense and security as follows:

1. An enterprise directly serving national defense and security may invest and trade in military uniforms, military equipment for the people's armed forces in service of national defense and security prescribed in points a, c and d clauses 1 and 2 Article 3 of this Decree when it fully meets the following requirements:

a) The system of its factories, manufacturing facilities and warehouses must be arranged separately;

b) The enterprise must be ordered, commissioned or selected through bidding procedures by the Minister of National Defense.

2. The enterprise other than those specified in clause 1 of this Article may invest and trade in military uniforms, military equipment for the people's armed forces in service of national defense prescribed in points a, c and d clauses 1 and 2 Article 3 of this Decree when it fully meets the following requirements:

a) The enterprise must be established according to regulations of law; it must carry out its operations in the territory of Vietnam with no foreign investment;

b) The enterprise must meet the provisions in points a and b clause 1 of this Article.

3. Security service providers that are eligible for investment and trading in military uniforms, military equipment for the people’s armed forces in service of security prescribed in point b clauses 1 and 2 Article 3 of this Decree shall comply with provisions in Decree No. 63/2020/ND-CP dated June 08, 2020 of the Government of Vietnam on security industry.

What are requirements for investment and trading in military weapons in service of national defense and security in Vietnam?

In Article 7 of Decree 101/2022/ND-CP (effective from January 30, 2023), requirements for investment and trading in military weapons in service of national defense and security are as follows:

1. Enterprises and organizations under the Ministry of National Defense and the Ministry of Public Security shall be eligible for investment and trading in military weapons in service of national defense and security when they fully meet requirements prescribed in Articles 7 and 8 of Decree No. 79/2018/ND-CP dated May 16, 2018 of the Government providing detailed provisions on the Law on Management and Use of Weapons, Explosives and Combat Gears (hereinafter referred to as “Decree No. 79/2018/ND-CP”).

2. Organizations and enterprises other than those prescribed in clause 1 of this Article may participate in research, manufacture and repair of military weapons in service of national defense and security when they satisfy the provisions in Article 10 of Decree No. 79/2018/ND-CP.

What are requirements for investment and trading in specialized technical equipment in service of national defense and security in Vietnam?

In Article 8 of Decree 101/2022/ND-CP (effective from January 30, 2023), requirements for investment and trading in specialized technical equipment in service of national defense and security are as follows: :

1. An enterprise directly serving national defense and security may invest and trade in specialized technical equipment in service of national defense and security prescribed in clauses 4 Article 3 of this Decree when it fully meets the following requirements:

a) The enterprise must have a charter capital of at least VND 100 billion at the time of application for investment in research, manufacture and repair of specialized technical equipment in service of national defense and security;

b) The enterprise must have procedures, technology, equipment and vehicles for the research, manufacture and repair of specialized technical equipment in service of national defense and security; have measuring equipment to inspect and supervise technical requirements and requirements of product quality;

c) Production areas, auxiliary areas, testing areas, warehouses, storage and preservation areas of specialized technical equipment in service of national defense and security shall be arranged separately and designed and built in accordance with standards and technical regulations on safety, fire and explosion prevention as well as environmental protection the in accordance with law in force;

d) The enterprise shall have at least 50 technicians with professional qualifications suitable to its research, manufacture and repair of specialized technical equipment in service of national defense and security;

dd) The enterprise must be ordered, commissioned or selected through bidding procedures by the Minister of National Defense and the Minister of Public Security.

2. The enterprise other than those specified in clause 1 of this Article may invest and trade in specialized technical equipment in service of national defense and security prescribed in clause 4 Article 3 of this Decree when it fully meets the following requirements:

a) The enterprise must comply with the provisions in point a clause 2 Article 6 of this Decree;

b) The enterprise must meet the provisions in clause 1 of this Article.

3. In case an enterprise only makes sale and purchase of specialized technical equipment in service of national defense and security prescribed in clause 4 Article 3 of this Decree, the enterprise prescribed in clause 1 of this Article must only meet the requirements prescribed in point dd clause 1 of this Article and the enterprise prescribed in clause 2 of this Article must only meet the requirements prescribed in point dd clause 1 and point a clause 2 of this Article.

Best Regards!