THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 46/2009/ND-CP
Hanoi, May 13, 2009 
 
DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE ORDINANCE ON DEFENSE INDUSTRY
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the January 26, 2008 Ordinance on Defense Industry;
At the proposal of the Minister of Defense,
DECREES:
Article 1. Scope of regulation
This Decree details and guides Point d, Clause 1, Article 5 of the Ordinance on Defense Industry on export, import and procurement of defense commodities; Clause 2. Article 7 of the Ordinance on Defense Industry on making lists of defense industry establishments: Clause 4, Article 8 of the Ordinance on Defense Industry on the entry of core defense industry establishments into joint ventures or partnerships; Clause 2, Article 10 of the Ordinance on Defense Industry on the list of products and services for defense and security; Article 18 of the Ordinance on Defense Industry on import and reserve of technical supplies for defense industry; Article 20 of the Ordinance on Defense Industry on scientific research, development and transfer of technologies in service of defense industry: Point h. Clause 1. Article of the Ordinance on Defense Industry on the State's policies towards core defense industry establishments; and Article 23 of the Ordinance on Defense Industry on policies towards organizations and individuals engaged in defense industry activities.
Article 2. Export, import and procurement of defense commodities
1. Principles for export, import and procurement of defense commodities:
a/ Export, import and procurement of defense commodities must comply with plans approved by competent authorities; abide by the State's laws and regulations and treaties to which the Socialist Republic of Vietnam is a contracting party; and be strictly managed to ensure confidentiality, safety and effectiveness;
b/ Only defense commodities of standards and quality equivalent to or higher than those of defense commodities produced by defense industry establishments are allowed to be imported in case locally made commodities are insufficient;
c/ It is prohibited to import or procure weapons and military technical equipment from unidentified foreign organizations and individuals or of unidentified origin; involved in trade frauds; or with improper technical or tactical properties or utilities;
d/ Export, import or procurement of defense commodities shall be conducted under contracts