VINACHEM

Decree No. 259/2025/ND-CP, dated October 10, 2025, defines strategic goods as weapons of mass destruction (WMD), conventional weapons, and dual-use items that can be used for the development, production, or deployment of such weapons.

The Government has issued a new decree providing guidance on strategic trade control, setting out regulations on the management of exports, temporary import for re-export, cross-border trade, transshipment, and transit of strategic goods.

Decree No. 259/2025/ND-CP, dated October 10, 2025, defines strategic goods as weapons of mass destruction (WMD), conventional weapons, and dual-use items that can be used for the development, production, or deployment of such weapons.

Dual-use items refer to goods normally used for civilian purposes but which may also serve in the development, production, or use of weapons of mass destruction and conventional weapons.

The decree stipulates that strategic goods must comply with this regulation as well as existing laws on foreign trade management, commerce, sectoral laws, taxation, customs, and other relevant legislation.

Traders engaged in the export, temporary import for re-export, transshipment, cross-border trade, or transit of dual-use items specified in Clause 3, Article 7 of the decree are required to obtain a licence, except in cases serving national defence or security purposes.

If there is suspicion that the goods may be used in the production or use of WMD, or if the end-user is included in the list of designated entities, traders must obtain a licence for export, temporary import for re-export, transshipment, cross-border trade, or transit of such goods, even if they are not listed as dual-use items under Article 7.

In necessary cases, to fulfil international commitments or bilateral agreements, the Ministry of Industry and Trade (MoIT) may decide to apply licensing measures for the export, temporary import for re-export, transshipment, cross-border trade, or transit of goods not covered by the above two cases.

Traders involved in the export, temporary import for re-export, transshipment, or transit of WMD and conventional weapons must comply with existing legal documents on the prevention of the proliferation of WMD and on the management and use of weapons, explosives, and supporting tools.

The decree encourages traders engaged in strategic trade to establish and implement an Internal Compliance Programme (ICP).

The ICP should include procedures covering the enterprise’s commitments and responsibilities in strategic trade control; the responsibilities of business owners, departments, and staff; verification of end-users and end-uses; mechanisms for regularly updating legal provisions on strategic trade control; internal training; record-keeping; and reporting obligations.

Traders who have implemented an ICP for at least two years and have been certified by the MoIT may be considered for the issuance of export, temporary import for re-export, transshipment, cross-border trade, and transit licences with specific validity.

Additionally, traders are required to notify competent authorities upon detecting or suspecting that goods are being used for the production of weapons of mass destruction./.