Decree No. 259/2025/ND-CP

DECREE

ON STRATEGIC TRADE CONTROL

Pursuant to the Law on Organisation of the Government No. 63/2025/QH15;

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14;

Pursuant to the Commercial Law No. 36/2005/QH11;

Pursuant to the Law on Investment No. 61/2020/QH14; the Law amending and supplementing a number of articles of the Law on Public Investment, the Law on Investment under the Public-Private Partnership Method, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special Consumption Tax and the Law on Civil Judgment Enforcement No. 03/2022/QH15;

At the request of the Minister of Industry and Trade;

The Government hereby promulgates the Decree on strategic trade control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the management of the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of strategic trade goods.

Article 2. Subjects of application

This Decree applies to traders exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting strategic trade goods, and to the agencies and organisations concerned.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Strategic trade goods means weapons of mass destruction, conventional weapons and dual-use goods used to develop, produce or use weapons of mass destruction or conventional weapons.

2. Dual-use goods means goods ordinarily used for civil purposes but which may be used to develop, produce or use weapons of mass destruction or conventional weapons.

3. End-user means an organisation or individual outside or inside the territory of Viet Nam which is the recipient and the final user of the strategic trade goods.

4. Weapons of mass destruction means the weapons prescribed in Clause 1 Article 4 of the Government's Decree No. 81/2019/ND-CP on the prevention of and combat against the proliferation of weapons of mass destruction.

5. Designated organisations and individuals means the organisations and individuals prescribed in Clause 15 Article 4 of the Government's Decree No. 81/2019/ND-CP on the prevention of and combat against the proliferation of weapons of mass destruction.

6. Internal compliance programme means the set of procedures established by a trader engaged in the exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit of strategic trade goods for compulsory implementation within the trader, in order to ensure compliance with this Decree and other legal normative documents relating to strategic trade control activities.

7. Technical and technological characteristics means the information showing the features, capabilities, scope of application, technical parameters, structure, design and technical documentation describing a product or technology.

Chapter II

MANAGEMENT OF STRATEGIC TRADE GOODS

Article 4. Principles for the management of strategic trade goods

1. Strategic trade goods must comply with this Decree and with the law in force on foreign trade management, on commerce, with specialised legislation, with the legislation on taxation and customs, and with other legislation.

2. A trader exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting dual-use goods prescribed in Clause 3 Article 7 of this Decree must hold a Licence (except where this serves defence or security purposes).

3. Where there is information giving rise to suspicion that the goods are used to produce or use weapons of mass destruction, or that the end-user of the goods is on the List of designated entities, the trader must hold a Licence when exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting such goods, including where the goods are not on the List prescribed in Article 7 of this Decree.

4. Where necessary, in order to implement international commitments or agreements under bilateral Agreements, the Ministry of Industry and Trade shall decide on the application of licensing measures for exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit in respect of goods not falling under Clauses 2 and 3 of this Article.

5. A trader exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting weapons of mass destruction or conventional weapons shall comply with the legal normative documents in force on the prevention of and combat against the proliferation of weapons of mass destruction and with the legislation on the management and use of weapons, explosives and support tools.

Article 5. Provisions on the internal compliance programme

1. Traders exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting strategic trade goods are encouraged to establish and implement an internal compliance programme.

2. The internal compliance programme comprises the following sets of procedures:

a) The commitment as to the responsibility of the trader, the responsibility of the business owner and the responsibility of the divisions and employees in respect of strategic trade control in accordance with the law.

b) The set of procedures for screening the end-user and the intended use of the goods in a transaction.

c) The set of procedures on how the trader regularly updates the legislation on strategic trade control.

d) The set of procedures on internal training in this field.

đ) The set of procedures on the retention of information and documents.

e) The set of procedures on the notification obligation.

The requirements for the sets of procedures in the internal compliance programme are prescribed in Appendix II to this Decree.

3. A trader that has implemented an internal compliance programme for 02 years or more and has been certified by the Ministry of Industry and Trade shall be considered for the grant of a Licence for exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit for the term prescribed in Clause 3 Article 8 of this Decree.

Article 6. Responsibilities of traders

A trader exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting strategic trade goods shall be responsible for:

1. Complying with the provisions on the management of the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of strategic trade goods under this Decree and with the law in force on foreign trade management, on commerce, with specialised legislation, with the legislation on taxation and customs, and with other legislation.

2. Notifying the Ministry of Industry and Trade and the Ministry of National Defence upon detecting or suspecting that the goods it trades in may be used, directly or indirectly, for the purpose of producing or using weapons of mass destruction.

3. Notifying the Ministry of Industry and Trade and the Ministry of National Defence upon detecting or suspecting that the recipient or end-user of the goods it trades in is on the List of designated organisations and individuals.

4. Retaining the documents and information relating to strategic trade goods, arranging working sessions and providing the dossiers and documents at the request of the licensing authority and other authorities concerned when they inspect the implementation of this Decree.

Chapter III

EXPORTATION, TEMPORARY IMPORTATION FOR RE-EXPORTATION, MERCHANTING TRADE, TRANSHIPMENT AND TRANSIT OF DUAL-USE GOODS

Article 7. List of dual-use goods

1. The List of dual-use goods subject to licensing for exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit is prescribed in Appendix I to this Decree.

2. The ministries shall, on the basis of management requirements, the provisions on the goods and the assignment set out in Appendix I to this Decree, exchange views with and reach agreement with the Ministries of National Defence, Public Security, Foreign Affairs and Finance in order to announce the detailed List of dual-use goods falling within the ministry's scope of state management, together with the HS codes and the technical and technological characteristics of the goods.

3. Only goods whose HS code, description and technical and technological characteristics coincide with the HS code, description and technical and technological characteristics prescribed in the detailed List of dual-use goods falling within the scope of state management of the ministries under Clause 2 of this Article shall be subject to licensing management under Clause 2 Article 4 of this Decree.

Article 8. Licensing of dual-use goods

1. The ministries, as assigned in Appendix I to this Decree (hereinafter referred to as the licensing authority), shall be responsible for granting Licences for the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of dual-use goods under Clause 2 Article 4 of this Decree.

2. The Ministry of Industry and Trade shall take the lead and coordinate with the ministries and ministerial-level agencies concerned in granting Licences for the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of goods under Clause 3 Article 4 of this Decree.

3. Licences for the exportation, temporary importation for re-exportation, merchanting trade, transit and transhipment of dual-use goods are of 02 types:

a) A consignment-based Licence.

b) A term-based Licence.

4. A term-based Licence shall be considered and applied to traders which have been certified by the Ministry of Industry and Trade as implementing an internal compliance programme under Clause 3 Article 5 of this Decree.

5. Validity of the Licence

a) A term-based Licence is valid for 12 months from the date of signing and does not limit the quantity of dual-use goods exported, temporarily imported for re-exportation, engaged in merchanting trade, transited or transhipped under the Licence during its validity period.

b) A consignment-based Licence is valid for 03 months from the date of signing.

Article 9. Dossier and procedure for the grant of a Licence for the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of dual-use goods

1. Depending on the assignment of management responsibilities in Appendix I to this Decree, the trader shall send 01 set of the dossier of application for the grant of a Licence for the exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit of dual-use goods directly, by post or online to the licensing authority. The dossier comprises:

a) The application for a Licence for the exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit of dual-use goods, using the form in Appendix III promulgated together with this Decree (01 original).

b) A written undertaking of the importer or the end-user that the goods will not be used for the purpose of producing weapons of mass destruction and will not be supplied to designated organisations or individuals (01 original in English and 01 Vietnamese translation, both certified by the trader applying for the Licence).

c) The documents relating to the consignment of dual-use goods: the contract for exportation, temporary importation for re-exportation, transit, merchanting trade or transhipment; the permit of the competent authority in accordance with the regulations in force (if any) (01 copy).

d) The report on the exportation, temporary importation for re-exportation, merchanting trade, transit and transhipment of dual-use goods under the Licence previously granted, using the form in Appendix IV promulgated together with this Decree (01 original) (except where the trader applies for a term-based Licence).

đ) The Decision of the Ministry of Industry and Trade certifying the implementation of the internal compliance programme under Clause 3 Article 5 of this Decree (applicable only where the trader applies for a term-based Licence).

2. Where the dossier is incomplete or not in conformity with the regulations, within 05 working days from the date of receipt of the dossier, the licensing authority shall notify the trader in writing for supplementation and completion.

3. Where necessary, within 05 working days from the date of receipt of a complete dossier in conformity with the regulations, the licensing authority shall send the dossier to the ministry concerned for its opinion.

Within 07 working days from the date of receipt of the licensing authority's request for opinion, the ministry concerned shall examine the dossier and reply in writing.

4. Within 07 working days from the date of receipt of a complete dossier as prescribed, or from the date of receipt of the written reply of the ministry concerned, the licensing authority shall consider granting the Licence to the trader or shall issue a written refusal to grant the Licence, clearly stating the reason.

5. Where the Licence is amended or supplemented:

a) The trader shall send 01 set of the dossier comprising the written request for amendment or supplementation of the Licence, together with the relevant supporting documents, to the licensing authority.

b) Where the dossier is incomplete or not in conformity with the regulations, within 05 working days from the date of receipt of the dossier, the licensing authority shall notify the trader in writing (or online) for supplementation and completion.

c) Within 07 working days from the date of receipt of a complete dossier as prescribed, the licensing authority shall consider amending or supplementing the Licence for the trader, or shall issue a written notice refusing the amendment or supplementation, clearly stating the reason.

6. Where the Licence is re-granted because it has been lost, mislaid or damaged

a) The trader shall send 01 set of the dossier comprising the written request for re-grant of the Licence, together with the relevant documents (if any), to the licensing authority.

b) Within 05 working days from the date of receipt of a complete dossier as prescribed, the licensing authority shall consider re-granting the Licence to the trader, or shall issue a written notice refusing the re-grant, clearly stating the reason.

Article 10. Revocation of the Licence for the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of dual-use goods

The licensing authority shall issue a written decision revoking a Licence for the exportation, temporary importation for re-exportation, merchanting trade, transhipment or transit of dual-use goods granted to a trader in the following cases:

1. It is detected that the trader declared information relating to the application for the Licence dishonestly or inaccurately, or has not complied with the Licence.

2. Information is received from the agencies and organisations concerned that the trader, or a transaction of the trader, violates the provisions on the prevention of and combat against the proliferation of weapons of mass destruction, or the relevant agreements and international treaties.

3. Where there is a change in national security policy, or in implementation of Resolutions of the United Nations Security Council.

Article 11. Certification of the implementation of the internal compliance programme

1. A trader that has implemented an internal compliance programme for 02 years or more and wishes to have that implementation certified shall send 01 set of the dossier of application for certification of the implementation of the internal compliance programme directly, by post or online to the Ministry of Industry and Trade.

2. The dossier of application for certification of the implementation of the internal compliance programme comprises:

a) The application for certification of the implementation of the internal compliance programme, using the form in Appendix V to this Decree (01 original).

b) A description of the enterprise's internal control system, which must demonstrate the satisfaction and implementation of the internal compliance programme prescribed in Article 10 of this Decree over the most recent 02 years (01 original signed by the person who signed the application).

c) The report on the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of dual-use goods over the most recent 02 years, using the form in Appendix VI to this Decree (01 original signed by the person who signed the application).

Article 12. Procedure for certifying the implementation of the internal compliance programme

1. Where the dossier is incomplete or not in conformity with the regulations, within 05 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall notify the applicant trader in writing (or online) for supplementation and completion.

2. Within 07 working days from the date of receipt of a complete dossier in conformity with the regulations, the Ministry of Industry and Trade shall take the lead and coordinate with the ministries concerned, as assigned in Appendix I to this Decree, in conducting a physical inspection of the trader's production and business premises.

3. Within 07 working days from the date of completion of the physical inspection of the production and business premises, the Ministry of Industry and Trade shall issue a Decision certifying the implementation of the internal compliance programme, or shall issue a written reply to the trader declining to certify, clearly stating the reason.

4. A Decision certifying the implementation of the internal compliance programme is valid for 05 years.

Article 13. Amendment and supplementation of information in the Decision certifying the implementation of the internal compliance programme

1. Where a trader whose implementation of the internal compliance programme has been certified has a change of information, the trader shall be responsible for sending 01 application for amendment or supplementation of the information, using the form in Appendix VII to this Decree, together with the relevant supporting documents. The dossier shall be sent directly, by post or online to the Ministry of Industry and Trade within 07 working days at the latest from the date of the change of information.

2. Where the dossier is incomplete or not in conformity with the regulations, within 05 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall notify the applicant trader in writing (or online) for supplementation and completion.

3. Within 07 working days from the date of receipt of a dossier in conformity with the regulations, the Ministry of Industry and Trade shall issue a Decision on the amendment or supplementation of the information, or shall send a written notice refusing the amendment or supplementation, clearly stating the reason.

Article 14. Revocation of the Decision certifying the implementation of the internal compliance programme

The Ministry of Industry and Trade shall issue a Decision revoking a Decision certifying the implementation of the internal compliance programme in the following cases:

1. The trader provided incorrect information in the dossier of application.

2. The trader fails to satisfy the requirements on the internal compliance programme prescribed in Article 5 of this Decree.

3. The trader has had its Licence for dual-use goods revoked under Article 10 of this Decree.

4. The trader is dissolved or declared bankrupt by a court.

5. The trader fails to fulfil the reporting responsibility prescribed in Article 15 of this Decree after 15 working days from the date on which the Ministry of Industry and Trade issued a written reminder.

Article 15. Responsibilities of traders exporting, temporarily importing for re-exportation, engaging in merchanting trade, transhipping or transiting dual-use goods

In addition to complying with Article 6 of this Decree, a trader licensed to export, temporarily import for re-exportation, engage in merchanting trade, tranship or transit dual-use goods must comply with the following provisions:

1. Being liable before the law for the accuracy and truthfulness of the dossier of application for a licence for dual-use goods and of the documents presented to the licensing authority.

2. Arranging working sessions and providing the dossiers and documents at the request of the licensing authority and the authorities concerned when they inspect the implementation of this Decree.

3. Being responsible for retaining the dossiers and documents relating to the licensed goods for presentation to the competent authority upon request; the minimum retention period is 05 years.

4. Before 30 January each year, reporting in writing to the Ministry of Industry and Trade, by direct submission, by postal service or online (where applicable), on the exportation, temporary importation for re-exportation, transit, merchanting trade and transhipment of dual-use goods, using the form in Appendix VI promulgated together with this Decree.

Chapter IV

ORGANISATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 16. Responsibilities of the ministries and ministerial-level agencies

In addition to the responsibilities prescribed in this Decree and in other provisions of the law in force, the following ministries and ministerial-level agencies: Industry and Trade, Finance, Foreign Affairs, National Defence, Construction, Health, Science and Technology, and the State Bank of Viet Nam, shall have the following responsibilities:

1. The Ministry of Industry and Trade

a) Taking the lead and coordinating with the ministries and ministerial-level agencies concerned in drawing up the List of dual-use goods falling within the ministry's scope of state management; organising the licensing of dual-use goods falling within the ministry's scope of state management and providing information on such licensing to the customs authority for coordinated management.

b) Taking the lead and coordinating with the ministries and ministerial-level agencies in monitoring traders' implementation of the internal compliance programme, and providing the licensing authority with information on the traders whose internal compliance programme has been certified under Article 11 of this Decree.

c) Taking the lead and coordinating with the ministries and ministerial-level agencies in organising communication activities and guiding enterprises, organisations and individuals to understand and implement the provisions on strategic trade control.

d) Monitoring and retrieving information on trade control in respect of dual-use goods falling within the scope of state management of the Ministry of Industry and Trade.

2. The Ministry of Science and Technology, the Ministry of Health and the Ministry of Construction:

a) Taking the lead and coordinating with the ministries and ministerial-level agencies concerned in drawing up the List of dual-use goods falling within the ministry's scope of state management; organising the licensing of dual-use goods falling within the ministry's scope of state management and providing information on such licensing to the Ministry of Industry and Trade and the customs authority for coordinated management.

b) Monitoring and retrieving information on strategic trade control falling within the ministry's scope of state management.

3. The Ministry of Finance

a) Coordinating with the ministries and ministerial-level agencies in promulgating, by table of HS commodity codes, the List of dual-use goods.

b) Directing the Customs Department to control the exportation, temporary importation for re-exportation, merchanting trade, transhipment and transit of strategic trade goods at the border.

c) Directing the Customs Department to coordinate with the ministries and sectors in disseminating information and training customs officers in the capability to recognise and identify goods subject to strategic trade control.

d) Directing the Customs Department to cooperate with foreign customs authorities in implementing international treaties and agreements on cooperation in strategic trade control.

4. The State Bank of Viet Nam

Directing credit institutions to issue procedures for the control of documents in international payments consistent with this Decree and with the legal normative documents relating to the prevention of and combat against the proliferation of weapons of mass destruction.

5. The Ministry of Foreign Affairs

a) Receiving information relating to strategic trade goods through diplomatic channels in order to transmit it to, and coordinate with, the licensing authorities and domestic agencies for handling within their competence.

b) Promoting international cooperation within the framework of the Decree.

6. The Ministry of National Defence

Taking the lead in drawing up, announcing and providing to the licensing authorities the List of designated organisations and individuals connected with the proliferation, and the financing of the proliferation, of weapons of mass destruction.

Article 17. Organisation of implementation

1. On the basis of this Decree, the ministries and ministerial-level agencies shall announce in detail the List of dual-use goods within their management competence in order to guide the implementation of this Decree.

2. Within 6 months from the effective date of this Decree, the licensing authorities prescribed in this Decree shall be responsible for coordinating with the Ministry of Finance in carrying out licensing on the National Single Window Portal.

3. The Ministry of Industry and Trade shall take the lead and coordinate with the ministries and ministerial-level agencies in inspecting the implementation of this Decree.

Article 18. Effect

1. This Decree comes into force from 10 October 2025.

2. The Ministers, the Heads of ministerial-level agencies, the Heads of agencies attached to the Government, the Chairpersons of the People's Committees of the provinces and centrally run cities, and the agencies, organisations and individuals concerned shall be responsible for implementing this Decree.

APPENDIX I

LIST OF DUAL-USE GOODS SUBJECT TO LICENSING FOR EXPORTATION, TEMPORARY IMPORTATION FOR RE-EXPORTATION, MERCHANTING TRADE, TRANSHIPMENT AND TRANSIT (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

APPENDIX II

REQUIREMENTS FOR THE SETS OF PROCEDURES IN THE INTERNAL COMPLIANCE PROGRAMME (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

1. The commitment as to the responsibility of the trader, the responsibility of the business owner and the responsibility of the divisions and employees in respect of strategic trade control in accordance with the law.

A clear and complete explanation of the commitment of the trader and of the business owner to correctly implement the provisions on strategic trade control in this Decree and in other relevant legal normative documents, expressed in the form of a declaration, an internal company regulation, a provision of the labour contract signed between the enterprise and the employee, and so on.

2. The set of procedures for screening the end-user and the intended use of the goods in a transaction.

A clear and complete explanation of the enterprise's internal procedure approved by the executive board and required to be implemented on a compulsory basis by the divisions within the enterprise. The procedure must fully set out the steps for ascertaining and verifying the end-user of the dual-use items, linked to the steps taken by the divisions concerned within the enterprise such as legal, purchasing, import-export, administration, and so on.

The procedure must ensure the following steps: verification of the end-user and of the end use of the goods before, during and after the transaction.

3. The set of procedures on how the trader regularly updates the legislation on strategic trade control

A clear and complete explanation, to the enterprise's knowledge, of the information channels relating to the legal normative documents governing strategic trade control activities, and of the points of contact providing such information to the enterprise's knowledge.

A clear and complete explanation of the internal rule within the enterprise requiring the divisions concerned to periodically update information on the provisions on strategic trade control that are promulgated, amended or supplemented through the information channels mentioned above.

4. The set of procedures on internal training in this field

A clear and complete explanation of the enterprise's approved plan to periodically organise training and refresher courses for the officers and employees concerned on the provisions relating to strategic trade control, together with an undertaking to organise training for the employees and officers concerned on any changes to the provisions on strategic trade control (if any).

A clear and complete explanation that the enterprise must have a dedicated or concurrently appointed officer acting as the point of contact for the divisions on strategic trade control activities.

5. The set of procedures on the retention of information and documents

A clear and complete explanation of the manner of retaining the information and documents relating to the transaction.

6. The set of procedures on the notification obligation

A clear and complete explanation of the steps to be taken where the enterprise receives notification information, or has grounds to suspect, that the transaction being carried out carries a risk of breaching the provisions on strategic trade control.

APPENDIX III

FORM OF APPLICATION FOR A LICENCE FOR THE EXPORTATION, TEMPORARY IMPORTATION FOR RE-EXPORTATION, MERCHANTING TRADE, TRANSHIPMENT AND TRANSIT OF DUAL-USE GOODS (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

APPENDIX IV

FORM OF REPORT ON THE IMPLEMENTATION OF THE LICENCE FOR THE EXPORTATION, TEMPORARY IMPORTATION FOR RE-EXPORTATION, MERCHANTING TRADE, TRANSHIPMENT AND TRANSIT OF DUAL-USE GOODS (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

APPENDIX V

FORM OF APPLICATION FOR CERTIFICATION OF THE IMPLEMENTATION OF THE INTERNAL COMPLIANCE PROGRAMME (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

APPENDIX VI

FORM OF REPORT ON THE EXPORTATION, TEMPORARY IMPORTATION FOR RE-EXPORTATION, MERCHANTING TRADE, TRANSHIPMENT AND TRANSIT OF DUAL-USE GOODS (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)

APPENDIX VII

FORM OF APPLICATION FOR AMENDMENT AND SUPPLEMENTATION OF INFORMATION ON THE INTERNAL COMPLIANCE PROGRAMME (Promulgated together with the Government's Decree No. 259/2025/ND-CP dated 10 October 2025)