Vietnam–United States Cooperation on Countering the Proliferation of Weapons of Mass Destruction
Unofficial translation from the Vietnamese original.

With a view to implementing the Prime Minister's Decree No. 81/2019/ND-CP on countering the proliferation of weapons of mass destruction and discussing opportunities and directions for future cooperation, an online meeting was held today at the headquarters of the Foreign Relations Department, Ministry of National Defence, between the National Focal Point of Vietnam for countering the proliferation of weapons of mass destruction and the US Export Control and Related Border Security Program (EXBS).
Attending the meeting on the Vietnamese side were representatives of agencies of the Ministry of National Defence, the Ministry of Industry and Trade and the Ministry of Science and Technology. On the US side were the regional adviser and experts of the EXBS Program, and representatives of the Office of Defense Cooperation of the US Embassy in Vietnam and the US Department of Energy.


Overview of the workshop
As an active and responsible member of the international community, Vietnam has always complied with the resolutions of the United Nations Security Council and the international treaties and multilateral mechanisms on countering the proliferation of weapons of mass destruction to which it is a party. In 2019, the Prime Minister issued Decree No. 81/2019/ND-CP on countering the proliferation of weapons of mass destruction. This is the first comprehensive legal basis in this field, aimed at proactively preventing, stopping and dealing with acts of proliferation of weapons of mass destruction and proliferation financing, and at combining the countering of the proliferation of weapons of mass destruction with socio-economic development and the safeguarding of national defence and security. The Ministry of National Defence is the National Focal Point of Vietnam, and the Chemical Command is the Standing Office of the National Focal Point for countering the proliferation of weapons of mass destruction.
The US Export Control and Related Border Security Program (EXBS) is tasked with preventing the proliferation of weapons of mass destruction and the illicit trafficking of conventional weapons in order to strengthen the security of host countries. The Program also carries out numerous capacity-building activities for partner agencies around the world.
At the meeting, the two sides introduced their respective functions, tasks and main areas of activity, and held discussions to identify opportunities for cooperation and outline the direction of cooperation in the coming period, focusing on areas such as: training to raise awareness and build capacity; cooperation in developing and improving the relevant legal framework; and mechanisms for sharing information and experience, and for introducing and funding equipment for controlling the proliferation of weapons of mass destruction...
We are pleased to present the full text of the presentation delivered by the National Focal Point of Vietnam for countering the proliferation of weapons of mass destruction at the workshop.
Part 1: Overview of the Prime Minister's Decree No. 81/2019/ND-CP of 11 November 2019 on countering the proliferation of weapons of mass destruction (Decree No. 81/2019/ND-CP)
With the aim of improving Vietnam's legal system and complying with United Nations Security Council Resolution 1540 of 28 April 2004 and the international treaties and multilateral mechanisms on countering the proliferation of weapons of mass destruction to which Vietnam is a party, on 11 November 2019 the Prime Minister signed and issued Decree No. 81/2019/ND-CP on countering the proliferation of weapons of mass destruction. This is the first comprehensive legal basis in the field of countering the proliferation of weapons of mass destruction.
The Decree states that the countering of the proliferation of weapons of mass destruction must adhere to the following principles: compliance with the Constitution and the law; safeguarding independence, sovereignty, unity and territorial integrity, the interests of the State, and the lawful rights and interests of agencies, organisations and individuals; compliance with international treaties to which the Socialist Republic of Vietnam is a party; proactive prevention, detection, interdiction, combating and handling of acts of proliferation of weapons of mass destruction and proliferation financing; and combining the countering of the proliferation of weapons of mass destruction and proliferation financing with socio-economic development and the safeguarding of national defence and security.
The Decree comprises 6 Chapters and 43 Articles. It provides that the Ministry of National Defence is the National Focal Point of Vietnam for countering the proliferation of weapons of mass destruction and the Chemical Command is the Standing Office of the National Focal Point, while the focal units are the counter-terrorism steering committees of ministries, sectors and localities. The tasks of the National Focal Point of Vietnam and the responsibilities of the Ministry of National Defence are clearly set out in Article 11 and Article 29 of Decree No. 81/2019/ND-CP. Some of the main tasks are as follows:
Article 11: Tasks of the National Focal Point
- To advise the Government and the Prime Minister on organising and implementing the resolutions of the United Nations Security Council and the international treaties on countering the proliferation of weapons of mass destruction to which the Socialist Republic of Vietnam is a party.
- To receive, disseminate and guide ministries, sectors and localities in implementing the provisions of law, the requirements of United Nations Security Council resolutions or international treaties on countering the proliferation of weapons of mass destruction to which the Socialist Republic of Vietnam is a party, or the provisions of this Decree.
- To receive suspicious information relating to the proliferation of weapons of mass destruction and proliferation financing from states, international organisations and reports by ministries, sectors and localities; to coordinate with the relevant focal units in verifying and clarifying such information and proposing handling options in accordance with this Decree and relevant laws or United Nations Security Council resolutions; and to coordinate with the Ministry of Public Security and the State Bank of Vietnam and guide the focal units in handling assets related to the proliferation of weapons of mass destruction and proliferation financing;
- To receive suspicious information on materials related to weapons of mass destruction from states, international organisations and reports by ministries, sectors and localities; and to coordinate with the Ministry of Public Security, the focal units and relevant agencies and organisations in verifying and clarifying such information and proposing handling options.
- To take the lead and coordinate with ministries, sectors and localities, in accordance with their functions and tasks, in implementing the United Nations Security Council resolutions adopted under Chapter VII of the Charter of the United Nations and the international treaties relating to countering the proliferation of weapons of mass destruction to which the Socialist Republic of Vietnam is a party.
- To allow organisations and individuals on the designated list to submit delisting requests to the focal units, or to notify designated individuals or organisations that they may submit their requests directly to the National Focal Point.
- Upon receiving a request from another state to determine whether an organisation or individual is or is not involved in the proliferation of weapons of mass destruction or proliferation financing, to take the lead and coordinate with the relevant focal units in verifying and considering the matter. Where there are lawful grounds to conclude that the organisation or individual is or is not so involved, to decide whether or not to include the organisation or individual on the designated list and to notify the requesting state accordingly.
- Upon detecting an organisation or individual that meets the criteria for designation as being involved in the proliferation of weapons of mass destruction or proliferation financing under United Nations Security Council resolutions adopted under Chapter VII of the Charter of the United Nations, to take the lead and coordinate with the relevant focal units in reporting to the Prime Minister for consideration and decision on proposing to the United Nations and the relevant states that the organisation or individual be included on the designated list.
- Upon detecting that a Vietnamese organisation or individual has been identified by another state as being involved in the proliferation of weapons of mass destruction or proliferation financing but does not meet the criteria set out in United Nations Security Council resolutions adopted under Chapter VII of the Charter of the United Nations, to take the lead and coordinate with the relevant focal units in reporting to the Prime Minister so that a written request can be sent to the United Nations and the relevant states to remove the organisation or individual from the designated list.
- To take the lead and coordinate with ministries, ministerial-level agencies and provincial People's Committees in conducting a national risk assessment of the proliferation of weapons of mass destruction and proliferation financing once every five years;
Article 29. Responsibilities of the Ministry of National Defence
1. In the state management of countering the proliferation of weapons of mass destruction:
a) To perform the functions and tasks of the National Focal Point set out in Article 11 of this Decree;
b) To propose to the Government the development and improvement of legislation on countering the proliferation of weapons of mass destruction;
c) To take the lead and coordinate in drafting and submitting to competent authorities for promulgation, or promulgating within its competence, legal documents, strategies, programmes, plans, options and measures for countering the proliferation of weapons of mass destruction, including legal documents on administrative sanctions in the field of countering the proliferation of weapons of mass destruction and the list of related materials;
d) To take the lead and coordinate with relevant ministries and sectors, and guide provincial People's Committees, in implementing legal documents, strategies, programmes, plans, options and measures for countering the proliferation of weapons of mass destruction;
dd) To take the lead and coordinate with the Ministry of Public Security and relevant agencies and organisations in issuing and implementing regulations on the training and professional development of personnel working on countering the proliferation of weapons of mass destruction;
e) To take the lead and coordinate with relevant agencies and organisations in implementing the reporting and review regime for the work of countering the proliferation of weapons of mass destruction, and in making recommendations and proposing solutions relating to countering the proliferation of weapons of mass destruction;
g) To take the lead in inspections, checks and the settlement of complaints and denunciations relating to countering the proliferation of weapons of mass destruction;
h) To take the lead and coordinate with the Ministry of Public Security and relevant ministries and sectors in international cooperation on countering the proliferation of weapons of mass destruction in accordance with relevant laws.
2. In organising the countering of the proliferation of weapons of mass destruction:
a) To assign and equip the forces of the Ministry of National Defence for countering the proliferation of WMD specified at points a and b of Article 14 of this Decree;
b) To take the lead and coordinate with relevant ministries, sectors, agencies and organisations in directing and organising the countering of the proliferation of WMD nationwide in accordance with Chapters III and IV of this Decree; and to coordinate with the Ministry of Public Security in organising the countering of the proliferation of WMD within the scope managed by the Ministry of Public Security;
c) To direct the agencies and units under its management in performing the tasks and powers set out in Chapters III and IV of this Decree; and to detect, investigate and deal with organisations and individuals engaged in the proliferation of WMD and proliferation financing in accordance with the law;
d) To direct the functional agencies and units under its management to regularly monitor developments in WMD development and proliferation globally, regionally and domestically; to coordinate with relevant ministries and sectors and local authorities in conducting the national risk assessment and investigating the proliferation of WMD and proliferation financing on Vietnamese territory; and to advise and make proposals on countering the proliferation of WMD for the Government to direct implementation;
dd) To improve legal documents for implementing the international treaties on the prohibition of WMD proliferation to which the Socialist Republic of Vietnam is a party, including the consolidation of forces and the research and production of equipment for operations and for ensuring security and safety; to respond promptly to and remedy WMD incidents and situations on Vietnamese territory; and to engage in international cooperation on countering the proliferation of WMD.
Part 2: Proposed areas of cooperation to support the implementation of Decree No. 81/2019/ND-CP.
In order to fully perform the functions and tasks of the National Focal Point and implement Decree No. 81/2019/ND-CP comprehensively and effectively, the areas of cooperation are interagency in nature and fully comply with international regulations and Vietnam's legal documents on countering the proliferation of weapons of mass destruction. Having consulted the relevant ministries and sectors, we propose the following areas of cooperation with the EXBS Program:
- Training to raise awareness and build capacity in countering the proliferation of weapons of mass destruction;
- Training on investigation, verification and measures to control and prevent acts of proliferation of weapons of mass destruction and proliferation financing, including related financial investigations; a mechanism for sharing information on investigations into proliferation, proliferation financing and other illegal acts related to weapons of mass destruction;
- Cooperation in developing and improving the legal framework for countering the proliferation of weapons of mass destruction;
- Support in improving the legal basis for penalties for acts of proliferation of weapons of mass destruction; strategic trade control related to countering the proliferation of weapons of mass destruction; developing a list of dual-use goods; and the management and control of dual-use goods;
- Cooperation in developing and issuing technical guidance documents on safety and security measures for chemical facilities and facilities engaged in activities involving dual-use goods;
- Sharing experience in the management and control of border gates and in ensuring land and maritime border security; introducing and funding equipment for controlling the proliferation of weapons of mass destruction./.
Quang Khanh