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Viet Nam & UN  »  General
 
Viet Nam’s Report on the implementation of Resolution 2094 (2013) of the United Nations Security Council
08-16-2013, 05:27 pm

 

Viet Nam’s Report on the implementation of

Resolution 2094 (2013) of the United Nations Security Council

 

Pursuant to paragraph 25 of Resolution 2094 (2013) of the United Nations Security Council (UNSC), Viet Nam hereby submits its report on the measures taken to implement this Resolution and on the relevant legal mechanisms of Viet Nam as follows:

1. It is the consistent position of Viet Nam to support the comprehensive nuclear-test ban, non-proliferation of nuclear weapons and other weapons of mass destruction, with a view to their total elimination. In this spirit, as a responsible member of the United Nations, Viet Nam has always implemented its obligations under relevant UNSC resolutions, particularly Resolutions 1718 (2006), 1874 (2009), 2087 and 2094 (2013), including by submitting its reports (S/AC.49/2007/9 and A/AC.49/2009/31). Viet Nam has seriously implemented these Resolutions and will continue to do so.

2. Upon the adoption of Resolution 2094 by the UNSC, its text and Annexes was immediatedly translated into Vietnamese, reported to the Prime Minister and circultated to ministries and agencies concerned. On 29 March 2013, the Prime Minister of Viet Nam instructed relevant ministries and agencies to strictly implement the Resolution. Under the Prime Minister’s instruction, the ministries and agencies have assigned focal points and informed departments and organizations of the contents of the Resolution and the lists of designated individuals, entities and items. The Ministries and agencies have reported that relevant contents had been seriously studied, carefully examined and implemented and, since the adoption of the Resolution on 7 March 2013, there has been no violation detected, and reiterated that they would continue to strictly implement the Resolution.

3. The Prime Minister’s instruction on the implementation of Resolution 2094 (2013) and relevant legal documents, including the legal mechanisms for implementing Resolutions 1718 (2006), 1874 (2009), 2087 (2013), of which Viet Nam has detailed in its relevant reports on the implementation of these Resolutions, constitute the basic legal framework for the implementation of Resolution 2094, namely:

a) Export and transfer of goods mentioned in paragraphs 7, 8, 9, 20, 22, 23:

In Viet Nam, the Government exercises strict and sole control over all weapons. Individuals without authority and mandate are not allowed to own or use weapons. Under the law of Viet Nam, weapons and related materials are considered as special goods, which are restricted from general production, stockpiling, transportation of and trade in of which are prohibited. The 1999 Penal Code specifies penalties for the illicit production, stockpiling, transportation of and trade in weapons, explosives, radioactive and inflammable materials, and toxins. The Ordinance on the management and use of weapons, explosives and law enforcement equipment (2011) further specifies strict management of weapons.

Apart from general regulations applicable to all types of weapons, there are additional ones covering weapons of mass destruction and related materials. In June 2008, the National Assembly of Viet Nam passed the Law on Atomic Energy, which specifies measures to ensure atomic energy safety and development for peaceful purposes. The Law prohibits acts of using atomic energy to violate national sovereignty, rights and legal interests of individuals and organizations, to harm people and the environment; prohibits research, development, transfer, use of nuclear and radiological weapons. The Law also provides for details on export and import control of radioactive materials and nuclear equipment, commodities exposed to radiation or containing radioactive materials; import control regarding goods suspected of containing radioactive materials or exposed to radiation, etc. In addition, many legal and other documents on nuclear safety have been also issued, such as: the Ordinance on Radiation Safety and Control (1996), the Action Plan on Radiation and Nuclear Safety and Control (2000), Decree No. 51/2006/NĐ-CP of 19 May 2006 and together with the Circular on administrative penalties in the field of radiation safety and control, and Decision No. 450/QD-TTg of the Prime Minister of 25 March 2011 approving the project on “The application of security measures in the field of atomic energy”, including measures to prevent illegal import, export and transportation of nuclear materials.

Regarding chemicals, on 3 August 2005, the Government issued Decree No. 100/2005/ND-CP on the implementation of the Chemical Weapons Convention, which stipulated strict control over the transfer of chemicals. On 21 November 2007, the National Assembly adopted the Law on Chemicals, which designated the Ministry of Industry and Trade as the Goverment's agency managing all activities involving chemicals. On 7 October 2008, the Government issued Decree No. 108/2008/ND-CP detailing and providing guidance for the implementation of this Law.

On 26 August 2005, the Prime Minister issued Decision No. 212/2005/QD-TTg promulgating the Regime on the Management of Biological Safety of Genetically Modified Organisms (GMOs) and GMO-based products. The Regime provides for State management of biological safety in the following activities: scientific research, technological development and experiment; production, trade and use; import, export, storage and transportation; risk assessment and management, biological safety licensing for GMOs and GMO-based products in order to protect human health, environment and biodiversity.

Viet Nam’s legal instruments governing domestic and foreign trade also provide strict regulations for activities relating to weapons and materials that may be used for the production and use of weapons of mass destruction. Normative acts, including the 2005 Trade Law, the 2006 Law on Civil Aviation and Decree No.32/2005/ND-CP of the Government, etc. specify sanctions for smuggling, illicit transportation and use of weapons, radioactive substances and explosives via land border gates, airports and seaports. With regard to temporary import and re-export cargoes, business regulations on temporary import, re-export, trans-shipment and processing stipulate that the temporary import, re-export and trans-shipment of restricted goods shall require the authorization of the Ministry of Industry and Trade. In 2007, the Prime Minister issued Directive 25/2007/CT-TTg on the prevention of and combat against terrorism in the new context, which further tightened control measures on these types of weapons.

In implementing these regulations, Viet Nam’s authorities, including the General Department of Customs, have been cooperating with relevant agencies of other countries and international organizations in the prevention of prohibited and smuggled commodities across borders, while enhancing the monitoring of goods crossing national borders, with a view to detecting and preventing illicit transportation of smuggled and prohibited goods, weapons, explosives and other hazardous substances.

b) Entry and transit of individuals mentioned in paragraph 10:  

Article 4 of the Ordinance No. 24/1999/PL-UBTVQH10 of 28 April 2000 (the 2000 Ordinance) on Entry, Exit and Residence of Foreigners in Viet Nam, stipulates  â€œforeigners entering or exiting Viet Nam shall hold passports or alternative travel documents (hereinafter collectively referred to as passports) with a valid visa issued by a competent Vietnamese authority, unless a visa is not required for such persons”. Article 19 of the Ordinance stipulates “the Ministry of Public Security is responsible for State management of entry, exit and residence of foreigners in Viet Nam”. To fulfill this mandate, the Ministry of Public Security issued the Regime on transit of foreigners in Viet Nam for tourism purpose, which sets out procedures for relevant individuals and organizations to report to competent authorities of Viet Nam on entry and exit activities.

Subsequent to the 2000 Ordinance, the Government issued Decree No. 21/2001/ND-CP providing details for the implementation of the 2000 Ordinance and  Decree No. 32/2005/ND-CP of 11 March 2005 on the Regime of land border gates and exit, entry, transit, import and export through the border gates of people, vehicles and goods, in order to manage and protect the sovereignty and national border security. Article 15 of Decree No. 32/2005/ND-CP strictly prohibits the use of false passports and travel documents as well as the organization, guiding and transportation of people for the purpose of illegal entry and exit at border gates.

c) Freezing of fund, financial assets and other economic resources mentioned in paragraphs 11, 12, 13, 14, 15:

Viet Nam has established a legal basis and implemented measures to prevent and combat money laundering in transactions in money or other assets. This legal basis includes, inter alia: the 2010 Law on the State Bank of Viet Nam, the 2010 Law on Credit Institutions, the Law on the amendments of the 1999 Penal Code on retaining or consuming assets acquired through the commission of crimes by other persons and on money-laundering (Articles 250 and 251), Joint Circular No. 09/2011/TTLT-BCA-BQP-BTP-NHNNVN-VKSNDTC-TANDTC of 30 November 2011 guiding the application of the provisions of the Penal Code on retaining or consuming assets acquired through the commission of  crimes by other persons and on money-laundering; the 2005 Ordinance on Foreign Exchange, and the Government Decrees on administrative penalties in monetary and banking operations, on payments through payment service institutions, on the organisation and operation of the People’s Credit Funds.

In particular, Decree No. 74/2005/ND-CP of 7 June 2005 stipulates mechanisms and measures to prevent and combat money-laundering in Viet Nam in monetary or other asset transactions. According to the Decree, the focal point of an anti-money laundering inter-agency mechanism is the State Bank of Viet Nam, in which the Anti-Money Laundering Department is directly responsible for receiving and processing information on illegal transactions or relating to transactions of illegal origin, submitting periodic reports to the Government and coordinating with relevant agencies to implement the Decree. The Ministry of Public Security is the leading authority in preventing and combating crimes relating money-laundering, including investigation of money-laundering cases, coordinating with the State Bank of Viet Nam to take necessary preventive measures in anti-money laundering operations.

To implement Resolution 2094 and other related resolutions of the United Nations Security Council, the State Bank of Viet Nam has undertaken highly precautionary measures, while directing banking and credit institutions to fully apply at the highest level the standards of customer identification and make reports on excessive cash transactions (CTR200, CTR500), international electronic money transfers, suspicious transactions to the Anti-money Laundering Department, the Banking Inspection and Supervision Authority for monitoring, handling and reporting to competent authorities.

d) Goods inspection mentioned in paragraphs 16, 17, 18, 19:

Government’s Decree No.71/2006/ND-CP of 25 July 2006 specifies necessary procedures for vessels entering or exiting Viet Nam, prescribing two cases requiring direct on-board supervision and custody by State agencies, namely: (i) vessels with obvious signs of law violations and (ii) preventions for the purposes of national security and defence, public order and safety, prevention of epidemics.

Under the Prime Minister’s instruction on 29 March 2013 on the implementation of Resolution 2094 (2013), the Ministry of Industry and Trade issued Directive No. 387/BCT-KV1 to inform groups, general corporations, subordinate bodies and associations requesting their compliance with Resolution 2094 in their respective relations with the Democratic People’s Republic of Korea.

On that basis, the Government of Viet Nam instructed relevant authorities to inspect goods originating from or going to the Democratic People’s Republic of Korea in Viet Nam’s territory, including at seaports and airports, in conformity with existing domestic and international laws, with a view to ensuring that those goods are not prohibited from supply, sale, transfer or export under the provisions of relevant UNSC’s resolutions.

The General Department of Customs under the Ministry of Finance bears the main responsibility for goods inspection in the implementation of UNSC’s resolutions in conformity with Viet Nam’s laws.

4. In the past years, Viet Nam’s competent authorities, including at central and local levels, law enforcement agencies, protection forces at border gates, seaports and airports have taken active and effective measures in managing and controlling export and import activities, entry and exit, financial transactions, entry and exit, thereby contributing to the maintenance of political security and social order in Viet Nam. In practice, Viet Nam has not found any activity violating Resolution 2094. Individuals and organisations in Viet Nam have no relations with those designated in the Annexes to Resolution 2094.

As a responsible member of the United Nations, Viet Nam believes that the resolutions of the United Nations Security Council on nuclear issue on the Korean Peninsula shall be complied with. Viet Nam reaffirms its commitment to fully implement Resolution 2094 and is willing to work with relevant parties in this effort, including to ensure normal and legitimate commercial activities amongst nations for sustainable peace, stability and development in the region and the world.

 

 



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