Violations of regulations on countering the proliferation of weapons of mass destruction under Government Decree No. 218/2025/ND-CP on administrative sanctions in the fields of national defence and cryptography

The Government has promulgated Decree No. 218/2025/ND-CP of 5 August 2025 on administrative sanctions in the fields of national defence and cryptography, which took effect on the date of signature. The Decree introduces many new provisions in line with the Law on Organisation of the Government No. 63/2025/QH15, the 2012 Law on Handling of Administrative Violations as amended and supplemented, etc. Comprising 4 chapters and 69 articles, the Decree replaces Decree No. 120/2013/ND-CP and the related amending and supplementing documents, marking an important step in improving the legal framework to strengthen state management and safeguard national security in the new situation.

A notable feature of Decree No. 218/2025/ND-CP is that it adds and specifies violations and sanctions relating to countering the proliferation of weapons of mass destruction – a field of particular importance in a rapidly changing and complex global context, with many emerging risks, methods and forms of financing and of supplying technology and resources for the production, development or delivery of weapons of mass destruction.

Under the new provisions, violations in countering the proliferation of weapons of mass destruction and proliferation financing are clearly set out in Section 6, Chapter II of the Decree, as follows:

“Article 30. Violations of regulations on the provision and notification of information related to countering the proliferation of weapons of mass destruction

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide information to the competent authority on countering the proliferation of weapons of mass destruction.

Article 31. Violations of regulations on updating the list of designated organisations and individuals and of organisations and individuals removed from the designated list

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Failure to update the list of designated organisations and individuals;

b) Failure to update the list of organisations and individuals removed from the designated list.

Article 32. Violations of regulations on proliferation financing

1. A fine of VND 50,000,000 to VND 75,000,000 shall be imposed for providing funds or assets to organisations or individuals connected with the proliferation of weapons of mass destruction, except where licensed, authorised or notified in accordance with the relevant resolutions of the United Nations Security Council.”[1]

Decree No. 81/2019/ND-CP of the Government on countering the proliferation of weapons of mass destruction is the foundational legal instrument establishing the basic legal framework for countering the proliferation of weapons of mass destruction. Decree No. 81/2019/ND-CP sets out the compliance obligations and responsibilities of financial institutions and of the relevant designated non-financial businesses and professions. However, the Decree does not provide for sanctions for failure to comply with these obligations. The promulgation of Decree 218/2025/ND-CP therefore strengthens the mechanism for controlling, preventing and sanctioning violations related to countering the proliferation of weapons of mass destruction. It is also a concrete step in giving effect to Vietnam’s international obligations and commitments in line with the guidance on implementing the Recommendations of the Financial Action Task Force (FATF).

As the National Focal Point for countering the proliferation of weapons of mass destruction, the Ministry of National Defence advised the Government on the promulgation of Decree No. 218/2025/ND-CP, establishing that the handling of violations relating to countering the proliferation of weapons of mass destruction is one of the categories of violations in the field of national defence and security. Although the level of sanctions for violations relating to countering the proliferation of weapons of mass destruction remains rather “modest” compared with that for anti-money laundering violations (VND 75 million compared with VND 1 billion, owing to the limits set by the Law on Handling of Administrative Violations), it is an important basis for initially sanctioning and preventing this type of offence. In the forthcoming review and amendment of the Criminal Code, the criminalisation of these offences could be studied and assessed so as to meet international standards more comprehensively.

By adding these categories of violations, Decree 218/2025/ND-CP not only strengthens deterrence but also raises the awareness and responsibility of organisations and individuals in complying with the law, ensuring that countering the proliferation of weapons of mass destruction is carried out effectively. Since its promulgation, the Decree has received positive feedback and assessments from international experts with regard to compliance with the FATF Recommendations. It is also an important legal tool that helps protect national interests and affirms Vietnam’s consistent position on countering the proliferation of weapons of mass destruction and proliferation financing.

[1] The maximum fine for an organisation is twice the maximum fine for an individual.

Thanh Tung – Centre 81