On Treaties
________
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Treaties.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes the conclusion, reservation, amendment and supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, deposit, archival, making of certified copies, publication, registration, and organization of implementation of, treaties.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Treaty means an agreement in written form concluded in the name of the State or in the name of the Government of the Socialist Republic of Vietnam with a foreign contracting party, that give rise to, change or terminate rights and obligations of the Socialist Republic of Vietnam under international law, regardless of its title, such as treaty, convention, pact, covenant, agreement, protocol, memorandum of understanding, note or another title.
2. Treaty to which the Socialist Republic of Vietnam is a contracting party means a treaty being in force for the Socialist Republic of Vietnam.
3. Foreign party means a state, an international organization or another entity recognized as an entity of international law.
4. International organization means an inter-governmental organization.
5. Conclusion means a legal act performed by a competent person or a competent state agency, including negotiation, signing, ratification, approval, accession to a treaty or exchange of instruments constituting a treaty.
6. Signing means a legal act performed by a competent person or an authorized person, including signing a treaty not subject to ratification or approval and signing a treaty subject to ratification or approval.
7. Initialing means a legal act performed by a competent person or an authorized person to confirm the text of a treaty the Socialist Republic of Vietnam intends to sign is the final one agreed upon with a foreign contracting party.
8. Ratification means a legal act performed by the National Assembly or the President, expressing the consent of the Socialist Republic of Vietnam to be bound by a signed treaty.
9. Approval means a legal act performed by the Government, expressing the consent of the Socialist Republic of Vietnam to be bound by a signed treaty.
10. Accession means a legal act performed by the National Assembly, the President or the Government, expressing the consent of the Socialist Republic of Vietnam to be bound by a multilateral treaty in case the Socialist Republic of Vietnam has not signed such treaty, irrespective of whether or not it has entered into force.
11. Exchange of instruments constituting a treaty means the exchange of letters or notes or otherwise named documents constituting a bilateral treaty between the Socialist Republic of Vietnam and a foreign contracting party.
12. Consent to be bound by a treaty means a legal act performed by a competent state agency or person or by an authorized person to express the official commitment of the Socialist Republic of Vietnam to a treaty, including signing a treaty not subject to ratification or approval, ratifying or approving a treaty, exchanging instruments constituting a treaty, acceding to a treaty or other acts agreed upon with a foreign contracting party.
13. Full Powers means a document certifying the person designated by a competent state agency to represent the Socialist Republic of Vietnam in performing one or more legal acts concerning the negotiation and signing of a treaty.
14. Credential means a document certifying the person designated by a competent state agency to represent the Socialist Republic of Vietnam at a multilateral international conference to perform one or more legal acts in relation to the negotiation and adoption of the text of a treaty or to the implementation of a treaty.
15. Reservation means a statement made by the Socialist Republic of Vietnam or a foreign contracting party when signing, ratifying, approving or acceding to a multilateral treaty whereby it purports to exclude or modify the legal effect of one or more provisions of the treaty.
16. Termination of a treaty means a legal act performed by the National Assembly, the President or the Government, renouncing the effect of a treaty to which the Socialist Republic of Vietnam is a contracting party.
17. Suspension of the implementation of a treaty means a legal act performed by the National Assembly, the President or the Government, suspending the implementation of the whole or part of a treaty to which the Socialist Republic of Vietnam is a contracting party.
18. Renunciation of or withdrawal from a treaty means a legal act performed by the National Assembly, the President or the Government, renouncing the consent of the Socialist Republic of Vietnam to be bound by a treaty.
Article 3. Principles of conclusion and implementation of a treaty
1. Not to be contrary to the Constitution of the Socialist Republic of Vietnam.
2. To respect national independence, sovereignty and territorial integrity, to refrain from using or threatening to use force, or interfering into each other’s internal affairs, to ensure equality, mutual interests and other fundamental principles of international law.
3. To ensure national interests and to conform with the foreign policy of the Socialist Republic of Vietnam.
4. To comply with other treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 4. The name under which a treaty shall be signed
1. A treaty shall be concluded in the name of the State in the following cases:
a/ It is signed by the President with the Head of another State;
b/ It is on war, peace or national sovereignty of the Socialist Republic of Vietnam;
c/ It is on the founding of and accession to an international or a regional organization if the founding of, accession to or withdrawal from such organization affects national fundamental policies on foreign relations, national defense, security, socio-economic development, financial and monetary issues;
d/ It changes, restricts or terminates human rights or fundamental rights and obligations of citizens prescribed by a law or resolution of the National Assembly;
dd/ It is concluded in the name of the State as agreed upon with the foreign contracting party.
2. A treaty shall be concluded in the name of the Government in the following cases:
a/ It does not fall into the cases prescribed in Clause 1 of this Article;
b/ It is concluded in the name of the Government as agreed upon with a foreign contracting party.
Article 5. Language, form of a treaty
1. A bilateral treaty must have its text in Vietnamese, unless otherwise agreed upon with the foreign contracting party.
2. If a treaty is signed in multiple languages, its texts in these languages are of equal validity, unless otherwise agreed upon with the foreign contracting party.
3. If a treaty is signed only in a foreign language, the dossier of proposal for its conclusion must contain a Vietnamese translation of the treaty.
4. In case the Socialist Republic of Vietnam makes reservations to, accepts or objects the reservations made by a foreign contracting party or makes a statement on a multilateral treaty, the submitted dossier must contain a draft text of the reservations or statement in Vietnamese and a foreign language which is used to notify the depository of the multilateral treaty.
5. The original text of a bilateral treaty for the Vietnamese party shall be printed on treaty paper and bound by treaty covers designed by the Ministry of Foreign Affairs, unless otherwise agreed upon by the foreign contracting party.
Article 6. Treaties and provisions of domestic law
1. If a legal document, except the Constitution, and a treaty to which the Socialist Republic of Vietnam is a contracting party have different provisions on the same issue, the treaty shall prevail.
2. Based on the requirements, content and nature of a treaty, the National Assembly, the President or the Government shall decide on the consent to be bound by the treaty and the application of the whole or part of the treaty to agencies, organizations and individuals if the provisions of the treaty are clear and detailed enough for implementation; or decide or propose the amendment and supplementation, annulment or promulgation of legal documents for the implementation of the treaty.
Article 7. Supervision of the conclusion and implementation of a treaty
1. The National Assembly, the National Assembly Standing Committee, the Ethnic Council and the Committees of the National Assembly, National Assembly deputies’ delegations and individual National Assembly deputies shall, within the ambit of their respective tasks and powers, supervise the conclusion and implementation of a treaty.
2. The order and procedures for supervising the conclusion and implementation of a treaty must comply with the law on the National Assembly’s supervision activities.
Chapter II
CONCLUSION OF A TREATY
Section 1
NEGOTIATION OF A TREATY
Article 8. Competence to propose the negotiation of a treaty
1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, a ministry, a ministerial-level agency or a government-attached agency (below referred to as proposing agency) shall, within the ambit of its tasks and powers, request international cooperation and propose the Government for submission to the President the negotiation of a treaty in the name of the State, or propose the Prime Minister the negotiation of a treaty in the name of the Government.
2. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Public Security and relevant agencies and organizations in, proposing the negotiation of a treaty on war, peace or national sovereignty.
Article 9. Preparation for negotiation of a treaty
1. The proposing agency shall prepare the negotiation of a treaty and perform the following tasks:
a/ Making a preliminary assessment of political, national defense, security, socio-economic and other impacts of a treaty;
b/ Conducting a preliminary review of current laws and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party and comparing with the main contents of the treaty expected to be negotiated;
c/ Consulting the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations before submitting to a competent state agency to decide the negotiation of a treaty.
2. The consulted agencies and organizations prescribed at Point c, Clause 1 of this Article shall give written replies within 15 days after receiving a dossier for opinion.
Article 10. Competence to decide on negotiation of a treaty
1. The President shall decide on, authorize, advocate and conclude the negotiation of a treaty in the name of the State.
2. The Prime Minister shall decide on, authorize, advocate and conclude the negotiation of a treaty in the name of the Government.
Article 11. Dossier submitted for negotiation of a treaty
1. A dossier submitted for the negotiation of a treaty must comprise:
a/ The submitting agency’s report, which clearly states the necessity, requirements and purpose of the negotiation of a treaty; major contents of the treaty, preliminary assessment of political, national defense, security, socio-economic and other impacts of the treaty, result of the preliminary review of current laws and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, comparing with the main contents of the treaty to be negotiated; proposal for and authorization of the negotiation;
b/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations; report on responses to and acceptance of opinions of agencies and organizations and proposed handling measures.
2. In case of proposing the completion of the negotiation of a treaty, the dossier submitted must have a draft treaty with a negotiation completion plan.
Article 12. Organization of the negotiation of a treaty
1. The Government shall organize the negotiation of a treaty in the name of the State under the mandate of the President. The Prime Minister shall organize the negotiation of a treaty in the name of the Government.
2. Pursuant to the decision of the agency prescribed in Article 10 of this Law, the proposing agency shall assume the prime responsibility for, and coordinate with relevant agencies and organizations in, elaborating and proposing to the Prime Minister a negotiation plan, the draft treaty of the Vietnamese side, and members of the negotiation delegation.
3. The proposing agency shall preside over consultations with organizations representing those directly affected by the treaty in the course of negotiation.
4. The proposing agency shall promptly report to the Prime Minister issues arising in the course of negotiation and proposed handling measures.
5. The President and the Government shall report to the National Assembly and the National Assembly Standing Committee the negotiation of a treaty under the National Assembly’s ratification competence.
Section 2
PROPOSAL FOR SIGNING OF A TREATY
Article 13. Competence to propose the signing of a treaty
1. Based on its tasks and powers and international cooperation requirements, an agency prescribed in Article 8 of this Law shall propose the decision on the signing of a treaty in the name of the State to the Government for submission to the President or propose the Government to decide on the signing of a treaty in the name of the Government.
2. Before proposing the signing of a treaty, the proposing agency shall collect opinions from relevant agencies and organizations, examination opinions from the Ministry of Foreign Affairs, and appraisal opinions from the Ministry of Justice.
3. In case relevant agencies and organizations already gave opinions on the conclusion of a treaty and the contents of the draft treaty proposed for signing remain unchanged compared with the contents of negotiation permitted by a competent state agency, the proposing agency shall collect examination opinions from the Ministry of Foreign Affairs and appraisal opinions from the Ministry of Justice, without having to consult these other relevant agencies and organizations.
4. The consulted agencies and organizations prescribed in Clause 2 of this Article shall give written replies within 15 days after receiving a complete dossier or within the time limit prescribed in Clause 1, Article 18, and Clause 1, Article 20, of this Law.
Article 14. The National Assembly Standing Committee gives opinions on the signing of a treaty
1. Before deciding to sign a treaty that contains provisions which are different from or new to the laws and resolutions of the National Assembly or contains provisions which are contrary to an ordinance or a resolution of the National Assembly Standing Committee, or a treaty whose implementation requires amendment and supplementation, annulment or promulgation of a law or resolution of the National Assembly or an ordinance or a resolution of the National Assembly Standing Committee, the agency competent to decide on signing treaties prescribed in Clauses 1 and 2, Article 15 of this Law shall submit it to the National Assembly Standing Committee for opinion. This provision shall not apply to a treaty falling within the National Assembly’s ratification competence prescribed in Clause 1, Article 29 of this Law.
2. Based on opinions of the National Assembly Standing Committee, the President or the Government shall decide on signing a treaty.
Article 15. Competence to decide on and contents of decision on signing of a treaty
1. The President shall decide on signing of a treaty in the name of the State.
2. The Government shall decide on signing of a treaty in the name of the Government.
3. The decision on signing of a treaty shall be made in writing with the following contents:
a/ The title, form and the name in which the treaty shall be signed;
b/ The representative and his/her competence to sign the treaty;
c/ Reservations, acceptance of or objection to reservations made by a foreign contracting party, the statement with respect to a multilateral treaty;
d/ Responsibilities of the proposing agency, the Ministry of Foreign Affairs and relevant agencies and organizations;
dd/ The decision on direct application of the whole or part of the treaty; the decision or proposal to amend and supplement, annul or promulgate legal documents for the implementation of the treaty. This provision shall not be applied to a treaty subject to ratification or approval prescribed in Articles 28 and 37 of this Law.
Article 16. Contents of a report on proposal for signing of a treaty
1. The necessity, requirements and purpose of the proposal for the signing of the treaty.
2. Main contents of the treaty.
3. The title, form and the name in which the treaty shall be signed, the signatory, the language, entry into force and manner of entry into force, duration of validity and provisional application of the treaty.
4. Rights of and obligations for the Socialist Republic of Vietnam arising from the treaty.
5. Evaluation of the observance of the principles prescribed in Article 3 of this Law.
6. Proposal on reservations, acceptance of or objection to reservations made by the foreign contracting party, the statement with respect to a multilateral treaty.
7. Assessments on the direct application of the whole or part of the treaty or on the amendment and supplementation, annulment or promulgation of legal documents for the implementation of the treaty.
8. Issues on which the proposing agency and relevant agencies and organizations, and the Vietnamese and the foreign contracting party still hold different opinions, and proposed handling measures.
Article 17. Dossier submitted for proposal for signing of a treaty
1. The submitting agency’s report with the contents prescribed in Article 16 of this Law.
2. Examination opinions of the Ministry of Foreign Affairs, appraisal opinions of the Ministry of Justice and opinions of relevant agencies and organizations; report on responses to and acceptance of opinions of relevant agencies and organizations and proposed handling measures; a proposed plan for implementation of the treaty.
3. A report on the assessment of political, defense, security, socio-economic and other impacts of the treaty.
4. A report on the assessment of the compatibility between the treaty proposed for signing and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party.
5. A report on the assessment of the conformity of the treaty with Vietnamese law.
6. The text of the treaty.
Article 18. Responsibilities of the Ministry of Foreign Affairs for examining a treaty
1. The Ministry of Foreign Affairs shall examine a treaty within 15 days after receiving a complete dossier under Article 19 of this Law or within 30 days in case a treaty examination council is established under Clause 3 of this Article.
2. Contents of examination of a treaty:
a/ The necessity and purpose of signing of the treaty on the basis of assessing the relations between the Socialist Republic of Vietnam and the foreign contracting party;
b/ Assessment of the conformity of the treaty with fundamental principles of international law;
c/ Assessment of the conformity of the treaty with national interests and foreign policy of the Socialist Republic of Vietnam;
d/ Assessment of the compatibility between the treaty proposed for signing and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party.
dd/ The title, form, the name under which the treaty shall be signed, the authority to sign the treaty, the language, effect, wording techniques of the treaty;
e/ The observance of the order and procedures for proposing the signing of the treaty;
g/ The consistency between the Vietnamese text and the foreign-language text of the treaty.
3. In case a treaty has important and complicated contents, the Minister of Foreign Affairs shall establish a council for examining the treaty.
A treaty examination council must be composed of representatives from the Ministry of Foreign Affairs, the Ministry of Justice, the Governmental Office and relevant agencies and organizations.
Article 19. Dossier of request for examination of a treaty
1. A written request for examination of the treaty with contents prescribed in Clause 2, Article 18 of this Law.
2. A draft report to the Government proposing the signing of the treaty.
3. A report on the assessment of the compatibility between the treaty proposed for signing and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party.
4. A report on the assessment of political, defense, security, socio-economic and other impacts of the treaty.
5. Opinions of relevant agencies and organizations.
6. The text of the treaty.
Article 20. Responsibilities of the Ministry of Justice for appraisal of a treaty
1. The Ministry of Justice shall appraise a treaty within 20 days after receiving a complete dossier prescribed in Article 21 of this Law or within 60 days in case an appraisal council is established under Clause 3 of this Article.
2. Contents of appraisal of a treaty:
a/ The constitutionality;
b/ The compatibility with Vietnamese law;
c/ The possibility of direct application of the whole or part of the treaty;
d/ Requests to amend and supplement, annul or promulgate legal documents for the implementation of the treaty.
3. In case a treaty the Ministry of Justice proposes for signing has controversial or important and complicated contents, the Minister of Justice shall establish a council for appraising the treaty.
A treaty appraisal council must be composed of representatives from the Ministry of Justice, the Ministry of Foreign Affairs, the Government Office and relevant agencies and organizations.
Article 21. Dossier of request for appraisal of a treaty
1. A dossier of request for appraisal of a treaty must comprise:
a/ A written request for appraisal of a treaty, with the contents prescribed in Clause 2, Article 20 of this Law;
b/ A draft report to the Government, proposing the signing of the treaty;
c/ A report on the assessment of the conformity of the treaty with Vietnamese law;
d/ Opinions of relevant agencies and organizations;
dd/ The text of the treaty.
2. The number of sets of a dossier of request for appraisal is five.
Section 3
FULL POWERS FOR NEGOTIATION AND SIGNING OF A TREATY, CREDENTIALS FOR PARTICIPATION IN AN INTERNATIONAL CONFERENCE
Article 22. Full Powers, credentials
1. The head of a delegation for negotiation and signing of a treaty in the name of the State shall be authorized in writing by the President.
2. The head of a delegation for negotiation of a treaty in the name of the Government shall be authorized in writing by the Prime Minister. The person signing a treaty in the name of the Government shall be authorized in writing by the Government.
3. The head of a delegation to an international conference shall be mandated in writing by the Prime Minister.
In case it is required to mandate members of a Vietnamese delegation to participate in an international conference in accordance with the rules of the conference, the proposing agency shall submit the case to the Government for decision.
4. A person authorized to negotiate or sign a treaty or mandated to participate in an international conference must be a leader of the proposing agency or must be nominated by the proposing agency to a competent agency for decision.
5. In case of not appointing the head of a delegation for negotiation, a person for signing a treaty or participating in an international conference abroad, after having reached agreement with the Ministry of Foreign Affairs, the proposing agency shall propose a competent agency to authorize or mandate the head of the diplomatic mission or the head of the representative agency at an international organization or another representative to be the head of the delegation for negotiation, the person for signing the treaty or participating in such international conference.
6. The issuance of Full Powers and credentials must comply with Article 63 of this Law.
Section 4
ORGANIZATION OF THE SIGNING CEREMONY OF A TREATY
Article 23. Check and comparison of the text of a treaty
Before initialing or signing a treaty, the proposing agency shall coordinate with the Ministry of Foreign Affairs and related state agencies in checking and comparing the text in Vietnamese and the text in a foreign language to ensure the accuracy of the contents and the uniformity of the form of the texts of the treaty.
Article 24. Signing of a treaty
1. The proposing agency shall coordinate with the Ministry of Foreign Affairs in completing the signing procedures and finalizing the text of the treaty and organizing the signing ceremony of the treaty as agreed upon with the foreign contracting party.
2. In case a competent state agency has decided to approve the signing of a treaty but it is impossible to organize the signing of such treaty, the proposing agency shall promptly report the case to the Government, proposing handling measures and at the same time, notify the Ministry of Foreign Affairs thereof for coordination.
3. In case there are changes relating to the name under which a treaty shall be signed, rights and obligations of the Vietnamese side, provisions that are contrary or new to a law or resolution of the National Assembly or are contrary to an ordinance or a resolution of the National Assembly Standing Committee, or substantial changes in the text of a treaty which has been approved by a competent state agency for signing, the proposing agency shall propose the signing of the treaty again in accordance with Section 2 of this Chapter.
4. The President or the Government shall report to the National Assembly or the National Assembly Standing Committee on the signing of a treaty according to the National Assembly’s ratification competence.
Article 25. Signing of a treaty during a visit by a high-level delegation
1. The proposing agency shall coordinate with the Ministry of Foreign Affairs in completing the signing procedures and finalizing the text of a treaty the signing of which has been approved by a competent state agency during a visit by a high-level Vietnamese delegation to a foreign country or by a high-level foreign delegation to Vietnam.
2. The Ministry of Foreign Affairs shall assume the prime responsibility for or coordinate the check and comparison of the final text of a treaty, and coordinate with the foreign party in organizing the signing ceremony of the treaty during a visit by a high-level Vietnamese delegation to a foreign country or by a high-level foreign delegation to Vietnam, unless otherwise agreed upon with the foreign party or otherwise decided by a competent state agency.
Article 26. Responsibility to send the text of a treaty after its signing
1. Within 10 days after the date of signing of a bilateral treaty in Vietnam or after the date of return to Vietnam of the delegation for signing of a treaty in case the treaty is signed abroad, the proposing agency shall send to the Ministry of Foreign Affairs:
a/ The original text of the treaty;
b/ The Vietnamese translation of the treaty in case it is signed in a foreign language;
c/ An electronic file of the text of the treaty in Vietnamese and a foreign language;
d/ Full Powers or evidence of the foreign representative competent to sign the treaty.
2. In case the head of a diplomatic mission or representative agency at an international organization signs a treaty, the signatory shall report and promptly transmit a copy of the signed treaty to the Ministry of Foreign Affairs and the original text of the treaty to the proposing agency.
Within 10 days after receiving the original text of the treaty, the proposing agency shall perform its responsibilities prescribed in Clause 1 of this Article.
3. The proposing agency shall send to the Ministry of Foreign Affairs a copy of a multilateral treaty, which has been authenticated, provided or made public by the depository of the multilateral treaty, a Vietnamese translation of the treaty and an electronic file of the text of the treaty in Vietnamese and a foreign language within 10 days after the date of signing of the treaty in Vietnam or after the date of return to Vietnam of the delegation for signing of the treaty in case the treaty is signed abroad.
Article 27. Exchange of instruments constituting a treaty
The exchange of instruments constituting a treaty must comply with Articles 8 thru 26 of this Law.
Section 5
RATIFICATION OF A TREATY
Article 28. Treaties subject to ratification
1. A treaty that contains provisions that it is subject to ratification.
2. A treaty in the name of the State.
3. A treaty in the name of the Government which contains provisions contrary to a law or resolution of the National Assembly.
Article 29. Ratification competence, contents of a document of ratification of a treaty
1. The National Assembly shall ratify the following treaties:
a/ A treaty on war, peace or national sovereignty of the Socialist Republic of Vietnam;
b/ A treaty on the establishment of or participation in an international or a regional organization if the establishment of, participation in or withdrawal from such organization affects national fundamental policies on foreign relations, defense, security, socio-economic development, financial and monetary issues;
c/ A treaty on change, restriction or termination of human rights or fundamental rights and obligations of citizens as prescribed by a law or resolution of the National Assembly;
d/ A treaty containing provisions which are contrary to a law or resolution of the National Assembly;
dd/ A treaty directly signed by the President with the Head of another State.
2. The President shall ratify the treaties prescribed in Article 28 of this Law, except those prescribed in Clause 1 of this Article.
3. A document of ratification of a treaty must contain the following contents:
a/ The title, time and place of signing of the treaty which is ratified;
b/ Contents of reservations to, acceptance of or objection to reservations made by the foreign contracting party; the statement with respect to a multilateral treaty and other necessary issues;
c/ The decision on direct application of the whole or part of the treaty; the decision or proposal to amend and supplement, annul or promulgate laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee for the implementation of the ratified treaty;
d/ The responsibilities of the proposing agency, the Ministry of Foreign Affairs and other relevant agencies and organizations in completing the procedures for ratifying, and organizing the implementation of, the treaty;
dd/ The full text of the treaty in Vietnamese in an annex. In case a treaty is signed in a foreign language, the annex must be the full text of the treaty in one of the signed languages and its Vietnamese translation.
Article 30. Proposal for ratification of a treaty
1. The proposing agency shall submit to the Government for further submission to the President the ratification of a treaty after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
2. The Government shall submit to the President for further submission to the National Assembly the ratification of a treaty to be ratified by the National Assembly.
3. The consulted agencies and organizations prescribed in Clause 1 of this Article shall give their written replies within 15 days after receiving the written requests for opinion.
Article 31. Dossier submitted for ratification of a treaty
1. The submitting agency’s report, which contains an assessment of the impacts of the treaty on Vietnam, proposal for ratification, time for ratification, the contents of reservations, acceptance of or objection to reservations made by the foreign contracting party, the statement respect to a multilateral treaty; proposal for direct application of the whole or part of the treaty, amendment and supplementation, annulment or promulgation of legal documents for the implementation of the treaty.
2. Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations; report on responses to and acceptance of opinions of agencies and organizations and proposed handling measures; a proposed plan for implementation of the treaty;
3. The text of the treaty.
Article 32. Scope of verification of a treaty
1. The necessity of ratification of a treaty.
2. The observance of the order and procedures for proposing the ratification.
3. The constitutionality and the conformity with laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee.
4. The possibility of direct application of the whole or part of the treaty.
5. The requests for amendment and supplementation, annulment or promulgation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee for the implementation of the treaty.
Article 33. Competence to verify a treaty
The National Assembly’s External Relations Committee shall assume the prime responsibility for, and coordinate with the Ethnic Council and other Committees of the National Assembly in, verifying a treaty within the National Assembly’s ratification or accession or termination decision competence.
Article 34. Dossier of proposal for verification of a treaty
1. The President’s report on proposal for ratification of a treaty.
2. The Government’s explanatory report.
3. Documents prescribed in Clauses 2 and 3, Article 31 of this Law.
Article 35. Procedures for verifying a treaty
1. The President’s Office shall coordinate with the proposing agency in sending a dossier of request for verification of a treaty to the agency with the prime responsibility for verification and to the agencies participating in the verification at least 30 days before the date of opening of a session of the National Assembly.
2. The agency with the prime responsibility for verification shall convene a meeting to verify a treaty with the participation of the verification-participating agencies and relevant agencies and organizations within 15 days after receiving a complete dossier of request for verification.
Article 36. Order for the National Assembly to consider and ratify a treaty at its session
1. The President presents the proposal for ratification of a treaty;
2. A representative of the Government, or a representative of the proposing agency in case the proposing agency is not a ministry, ministerial-level agency or government-attached agency, presents a report on the treaty.
3. A representative of the verifying agency presents a report on the verification.
4. The National Assembly debates the ratification of the treaty at a plenary session. Before the debate, the ratification of the treaty may be discussed in groups of National Assembly deputies.
In the course of debate, the agency prescribed in Clause 2 of this Article may give additional information on the matters relating to the ratification of the treaty.
5. The National Assembly Standing Committee presents a report on responses to and acceptance of opinions and the revision of the draft resolution on the ratification of the treaty.
6. The National Assembly votes to adopt a resolution on the ratification of the treaty.
Section 6
APPROVAL OF A TREATY
Article 37. Types of treaties subject to approval
Except the cases under the National Assembly’s ratification competence, the following treaties are subject to approval:
1. A treaty in the name of the Government which contains a provision requiring the approval or the completion of legal procedures in order to become effective according to each country’s regulations;
2. A treaty in the name of the Government which contains provisions contrary to provisions of legal documents of the Government.
Article 38. Approval competence and contents of a document of approval of a treaty
1. The Government shall approve the treaties prescribed in Article 37 of this Law.
2. A document of approval of a treaty must contain the contents similar to those of a document of ratification of a treaty prescribed in Clause 3, Article 29 of this Law.
Article 39. Proposal for approval of a treaty
1. The proposing agency shall submit to the Government for decision the approval of a treaty after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
2. The consulted agencies and organizations prescribed in Clause 1 of this Article shall give written replies within 15 days after receiving a written request for opinion.
Article 40. Dossier submitted for approval of a treaty
A dossier submitted to the Government for approval of a treaty must comprise documents similar to those of a dossier submitted for ratification of a treaty prescribed in Article 31 of this Law.
Section 7
ACCESSION TO A TREATY
Article 41. Competence to propose accession to a treaty
1. The agencies prescribed in Article 8 of this Law shall, based on their tasks and powers and international cooperation requirements, propose to the Government for decision, submit to the President for decision, or submit to the President for further submission to the National Assembly for decision on the accession to treaties according to their competence prescribed in Clauses 1, 2 and 3, Article 43 of this Law.
2. Before proposing the accession to a treaty, the proposing agency shall collect opinions from relevant agencies and organizations, examination opinions from the Ministry of Foreign Affairs and appraisal opinions from the Ministry of Justice.
3. The consulted agencies and organizations prescribed in Clause 2 of this Article shall give written replies within 15 days after receiving a complete dossier for opinion.
4. The negotiation, signing and ratification or approval of a new treaty on the accession of a treaty must comply with Sections 1 thru 6 of this Chapter.
Article 42. The National Assembly Standing Committee gives opinions on the accession to a treaty
1. Before deciding to accede to a treaty that contains provisions which are different from or new to the National Assembly’s laws and resolutions or contains provisions which are contrary to the National Assembly Standing Committee’s ordinances and resolutions, or to a treaty whose implementation requires amendment and supplementation, annulment or promulgation of a law or resolution of the National Assembly or an ordinance or a resolution of the National Assembly Standing Committee, the agency competent to decide on the accession to a treaty prescribed in Clauses 2 and 3, Article 43 of this Law shall submit it to the National Assembly Standing Committee for opinion. This provision shall not apply to treaties falling within the National Assembly’s accession decision-making competence prescribed in Clause 1, Article 43 of this Law.
2. Based on opinions of the National Assembly Standing Committee, the President or the Government shall decide to accede to such treaty.
Article 43. Competence to decide and contents of a decision on accession to a treaty
1. The National Assembly shall decide on the accession to the treaties prescribed at Points a, b, c and d, Clause 1, Article 29 of this Law.
2. The President shall decide on the accession to the treaties prescribed in Clause 2, Article 29 of this Law.
3. The Government shall decide on the accession to treaties in the name of the Government, except the cases prescribed in Clauses 1 and 2 of this Article.
4. The document of decision on the accession to a treaty must contain the contents similar to those of a document of ratification of a treaty prescribed in Clause 3, Article 29 of this Law.
Article 44. Order and procedures for the National Assembly to decide on accession to a treaty
The order and procedures for the National Assembly to decide on the accession to a treaty must comply with those applicable to the ratification of a treaty prescribed in Articles 32 thru 36 of this Law.
Article 45. A dossier submitted for accession to a treaty
1. The submitting agency’s report containing the contents similar to those prescribed in Article 16 of this Law.
2. Examination opinions of the Ministry of Foreign Affairs, appraisal opinions of the Ministry of Justice, and opinions of relevant agencies and organizations; report on responses to and acceptance of opinions of relevant agencies and organizations; a proposed plan for the implementation of the treaty.
3. The text of the treaty.
4. The list of parties to the treaty, the texts amending and supplementing the treaty; reservations, acceptance of or objection to reservations, the statements on the treaty made by the foreign contracting parties, legal procedures required for, and other necessary information relating to, the accession to the treaty.
Article 46. Responsibility to send the text of a treaty after receiving a decision on the accession
The proposing agency shall send to the Ministry of Foreign Affairs the text of the treaty, which has been authenticated, provided or made public by the depository, a Vietnamese translation of the treaty and an electronic file of the text of the treaty in Vietnamese and a foreign language within 15 days after receiving the decision on the accession to the treaty from a competent agency.
Chapter III
RESERVATIONS TO A TREATY
Article 47. Reservations made by the Socialist Republic of Vietnam
A state agency competent to decide on the signing, ratification, approval of or accession to a treaty may decide on reservations made by the Socialist Republic of Vietnam to such treaty.
Article 48. Acceptance of or objection to reservations made by a foreign contracting party
1. The proposing agency shall, in its report to the Government on the signing, ratification, approval of or accession to a treaty which permits reservation and requires that reservation is subject to acceptance by the contracting parties, clearly state the requirement and contents of the acceptance of or objection to reservations made by a foreign contracting party, the proposed time to announce the acceptance or objection to such reservations and the legal consequences of such acceptance or objection.
2. In case a foreign contracting party makes a reservation to a treaty after the proposing agency submits to the Government the signing, ratification or approval of or accession to the treaty, right after receiving information about the reservation made by the foreign contracting party, the Ministry of Foreign Affairs shall notify the proposing agency thereof. The proposing agency shall additionally submit a proposal for acceptance of or objection to such reservation after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
3. A dossier additionally submitted on the acceptance of or objection to a reservation as prescribed in Clause 2 of this Article must comprise:
a/ The proposing agency’s report with the contents prescribed in Clause 1 of this Article;
b/ The text of the treaty;
c/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
Article 49. Competence to decide on acceptance of or objection to reservations made by a foreign contracting party
1. The National Assembly shall decide to accept or object to reservations made by a foreign contracting party to a treaty which the National Assembly has decided on the ratification of or accession to.
2. The President shall decide to accept or object to reservations made by a foreign contracting party to a treaty which the President has decided on the signing and ratification of or accession to.
3. The Government shall decide to accept or object to reservations made by a foreign contracting party to a treaty which the Government has decided on the signing and approval of or accession to.
4. The acceptance of or objection to reservations made by a foreign contracting party shall be expressed in writing.
Article 50. Order and procedures for deciding on the acceptance of or objection to reservations made by a foreign contracting party
1. The National Assembly shall decide to accept or object to reservations made by a foreign contracting party to a treaty upon the ratification of or decision on the accession to the treaty or after receiving an additional report on the acceptance of or objection to the reservations according to the order and procedures similar to those prescribed in Article 36 of this Law.
2. The President or the Government shall decide to accept or object to reservations made by a foreign contracting party to a treaty upon decision on the signing, ratification, approval of or accession to the treaty or after receiving an additional report on the acceptance of or objection to the reservations.
Article 51. Withdrawal of reservations or withdrawal of objection to reservations
1. The proposing agency shall submit to the Government the withdrawal of reservations or withdrawal of the objection to reservations after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
2. The Government shall submit to the President for further submission to the National Assembly for decision on the withdrawal of reservations or withdrawal of the objection to reservations with respect to reservations or the objection to reservations decided by the National Assembly. The order and procedures for the National Assembly to withdraw reservations or withdraw the objection to reservations are similar to those prescribed in Article 36 of this Law.
3. The Government shall submit to the President for decision on the withdrawal of reservations or withdrawal of the objection to reservations with respect to reservations or the objection to reservations decided by the President.
4. The Government shall decide to withdraw reservations or withdraw the objection to reservations with respect to reservations or the objection to reservations decided by the Government.
5. The withdrawal of reservations or withdrawal of the objection to reservations shall be expressed in writing.
6. A dossier submitted for withdrawal of reservations or withdrawal of the objection to reservations must comprise:
a/ A report on the withdrawal of reservations or withdrawal of the objection to reservations and legal consequences of the withdrawal;
b/ The text of the treaty;
c/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations.
Chapter IV
ENTRY INTO FORCE, AMENDMENT AND SUPPLEMENTATION AND EXTENSION OF A TREATY
Article 52. Entry into force of a treaty
A treaty shall enter into force for the Socialist Republic of Vietnam as provided in the treaty or as agreed upon between the Vietnamese side and the foreign contracting party.
Article 53. Provisional application of a treaty
1. A treaty or part of a treaty may be provisionally applied pending the completion of procedures for the entry into force of the treaty as provided in the treaty or as agreed upon between the Vietnamese side and the foreign contracting party.
2. The provisional application of a treaty shall be terminated if the Vietnamese side or the foreign contracting party notifies each other of the termination, unless otherwise provided in the treaty or otherwise agreed upon between the Vietnamese side and the foreign contracting party.
3. A state agency competent to decide on the signing of a treaty may decide on the provisional application of and on the termination of the provisional application of the treaty.
4. A dossier submitted for the termination of the provisional application of a treaty must be similar to those prescribed in Articles 16 and 17 of this Law.
Article 54. Amendment and supplementation or extension of a treaty
1. A treaty may be amended and supplemented or extended as provided in the treaty or as agreed upon between the Vietnamese side and the foreign contracting party.
2. The conclusion of a new treaty to amend and supplement or extend an existing treaty must comply with Chapter II of this Law.
3. In case of non-conclusion of a new treaty to amend and supplement or extend an existing treaty, the competence to decide on amendment and supplementation or extension of an existing treaty is as follows:
a/ The National Assembly shall decide to amend and supplement or extend a treaty of or to which it has decided on the ratification or accession;
b/ The President shall decide to amend and supplement or extend a treaty of or to which he/she has decided on the ratification or accession;
c/ The Government shall decide to amend and supplement or extend a treaty of or to which it has decided on the approval, accession or signing and which is not subject to ratification or approval.
4. A document of decision on the amendment and supplementation or extension of a treaty must contain the following:
a/ The title, time and place of signing and the date of entry into force of the treaty that is amended and supplemented or extended;
b/ The contents of amendment and supplementation or the extended duration of the treaty;
c/ Responsibilities of the proposing agency, the Ministry of Foreign Affairs and relevant agencies and organizations.
5. The order and procedures for deciding on amendment and supplementation or extension of a treaty are as follows:
a/ The proposing agency shall collect written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations before submitting to the Government the amendment and supplementation or extension of a treaty.
b/ The Government shall decide to amend and supplement or extend a treaty prescribed at Point c, Clause 3 of this Article; submit to the President for decision the amendment and supplementation or extension of a treaty prescribed at Point b, Clause 3 of this Article;
c/ The President shall decide to amend and supplement or extend a treaty prescribed at Point b, Clause 3 of this Article; submit to the National Assembly for decision the amendment and supplementation or extension of a treaty prescribed at Point a, Clause 3 of this Article;
d/ The National Assembly shall decide on the amendment and supplementation or extension of a treaty prescribed at Point a, Clause 3 of this Article according to the order and procedures similar to those prescribed from Articles 32 to 36 of this Law.
6. In case of non-conclusion of a new treaty to amend and supplement or extend an existing treaty, a dossier submitted for the amendment and supplementation or extension of a treaty must comprise:
a/ The submitting agency’s report, which clearly states the purpose, requirement, legal bases and legal consequences of the amendment and supplementation or extension of the treaty;
b/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations; report on responses to and acceptance of opinions of agencies and organizations and proposed handling measures;
c/ The text of the treaty;
d/ The request made by a foreign contracting party or a concerned Vietnamese state agency, concerning the amendment and supplementation or the extended duration of the treaty.
Article 55. Termination, renunciation, withdrawal from, suspension of implementation of a treaty
1. The termination, renunciation, withdrawal from, or suspension of implementation of the whole or part of a treaty must comply with the provisions of the treaty or the agreement between the Vietnamese side and the foreign contracting party.
2. The competence to decide on the termination, renunciation, withdrawal from and suspension of the implementation of a treaty is as follows:
a/ The National Assembly shall decide on the termination, renunciation, withdrawal from or suspension of the implementation of a treaty of or to which it has decided on the ratification or accession.
In case of necessity, the President or the Government shall decide on the suspension of the implementation of a treaty of which the President or the Government has decided on the signing and which the National Assembly has approved then report such suspension to the National Assembly at its next session;
b/ The President shall decide on the termination, renunciation, withdrawal from or suspension of the implementation of a treaty of or to which he/she has decided on the ratification or accession;
c/ The Government shall decide on the termination, renunciation, withdrawal from, or suspension of the implementation of a treaty of or to which it has decided on the approval, accession or signing and which is not subject to ratification or approval.
3. A document of decision to terminate, renounce, withdraw from, or suspend the implementation of, a treaty must contain the following:
a/ The title, time and place of signing and the valid duration of the treaty to be terminated, renounced, withdrawn from or suspended from implementation.
b/ Responsibilities of the proposing agency, the Ministry of Foreign Affairs and relevant agencies and organizations.
4. A submitted dossier, the order and procedures for decision on the termination, renunciation, withdrawal from, or suspension of the implementation of, a treaty are similar to those for decision on amendment and supplementation or extension of a treaty prescribed in Clauses 5 and 6, Article 54 of this Law.
Article 56. Notification in relation to the entry into force of a treaty
The Ministry of Foreign Affairs shall notify relevant state agencies of:
1. The date of entry into force of a treaty within 10 days after receiving the information about the date of entry into force of the treaty for the Socialist Republic of Vietnam;
2. The date of entry into force of the statement of the Socialist Republic of Vietnam on its reservations made to the treaty, acceptance of or objection to the reservations made by a foreign contracting party, withdrawal of reservations to or withdrawal of the objection to reservations made to a multilateral treaty within 10 days after receiving a notification from the depository of the multilateral treaty;
3. The date of termination of the provisional application of a treaty; the amendment and supplementation or extension of a treaty; termination, renunciation, withdrawal from, suspension of the implementation of a treaty within 10 days after the date such termination of the provisional application, amendment and supplementation, extension, termination, renunciation, withdrawal from or suspension of the implementation of the treaty takes effect.
Chapter V
DEPOSIT, KEEPING CUSTODY, MAKING OF CERTIFIED COPIES, AND PUBLICATION OF A TREATY
Article 57. Depository of a multilateral treaty
The Ministry of Foreign Affairs shall perform the functions of a depository of a multilateral treaty in case the Socialist Republic of Vietnam is designated as the depository of such multilateral treaty.
Article 58. Keeping custody of a treaty
1. The Ministry of Foreign Affairs shall keep custody of the original of a bilateral treaty; a copy of a multilateral treaty to which the Socialist Republic of Vietnam is a contracting party authenticated by the depository; the document of ratification, approval of or accession to a treaty; Full Powers for negotiation and signing of a treaty; credentials for participation in an international conference and other relevant documents.
2. The proposing agency shall send to the Ministry of Foreign Affairs the original or authenticated copy and the Vietnamese translation of a treaty, Full Powers of negotiation and signing of a treaty of the foreign contracting party within the time limit prescribed in Articles 26 and 46 of this Law.
Article 59. Making of certified copies of a treaty
1. The Ministry of Foreign Affairs shall make certified copies of a treaty and send them to the National Assembly, the President and the Government for report, to relevant agencies and organizations for implementation, and to the Cong Bao (Official Gazette) agency within 15 days after receiving the original of a bilateral treaty and information on the entry into force of a treaty.
2. The Ministry of Foreign Affairs shall make certified copies of a treaty and send them to the National Assembly, the President and the Government for report, to relevant agencies and organizations for implementation, and to the Cong Bao agency within 15 days after receiving a copy of a multilateral treaty authenticated by the depository and a notification by the depository of the entry into force of a multilateral treaty for the Socialist Republic of Vietnam.
Article 60. Publication of a treaty
1. A treaty which has entered into force for the Socialist Republic of Vietnam shall be published in the Cong Bao of the Socialist Republic of Vietnam and the website of the proposing agency, unless otherwise agreed between the Vietnamese side and the foreign contracting party or otherwise decided by a competent state agency.
In case a treaty is requested not to be published, the proposing agency shall submit such request to the Government for decision, after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations. The proposing agency shall notify the treaty’s contents to be implemented to agencies, organizations and individuals responsible for directly implementing provisions of the treaty.
2. Within 15 days after receiving a copy of an effective treaty, sent by the Ministry of Foreign Affairs, the Cong Bao agency shall publish it in the Cong Bao of the Socialist Republic of Vietnam.
3. Within 5 days after receiving a copy of an effective treaty, sent by the Ministry of Foreign Affairs, the proposing agency shall publish it on its website. In case a treaty is only signed in a foreign language, the Vietnamese translation of the treaty shall also be published.
4. The Ministry of Foreign Affairs shall publish a treaty on its website within 5 days after making certified copies of the treaty as prescribed in Article 59 of this Law.
Article 61. Grant of copies of a treaty
The Ministry of Foreign Affairs shall grant copies of a treaty to which the Socialist Republic of Vietnam is a contracting party that are kept or deposited by the Ministry to agencies, organizations or individuals in accordance with relevant regulations.
Article 62. Treaty database
The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with relevant agencies and organizations in, developing and operating a treaty database of the Socialist Republic of Vietnam.
The full texts and information on the entry into force of the treaties published under Clause 1, Article 60 of this Law shall be made public on the treaty database of the Socialist Republic of Vietnam.
Chapter VI
DIPLOMATIC PROCEDURES
Article 63. Issuance of Full Powers and credentials
1. The Ministry of Foreign Affairs shall issue Full Powers for negotiation and signing of treaties, or credentials for participation in international conferences in accordance with written decisions made by competent state agencies.
2. The Minister of Foreign Affairs shall sign Full Powers for negotiation and signing of treaties or credentials for participation in international conferences.
3. In case a decision on authorization or mandate does not specify the person authorized or mandated and the full title of the treaty in Vietnamese and a foreign language, at least 5 days before the start of the negotiation or signing of a treaty or participation in an international conference, the proposing agency shall notify in writing such information to the Ministry of Foreign Affairs for completion of the procedures for issuing Full Powers or credentials.
4. The proposing agency shall timely submit to the President, the Government or the Prime Minister for decision any changes relating to the persons authorized or mandated; the Ministry of Foreign Affairs shall complete diplomatic procedures for issuing Full Powers or credentials in accordance with Clauses 1, 2 and 3 of this Article, upon receiving the decision of the President, the Government or the Prime Minister.
Article 64. Diplomatic procedures for ratifying, approving and acceding to a treaty
1. The Ministry of Foreign Affairs shall notify the foreign contracting party or the depository of a multilateral treaty of the ratification or approval of or accession to a treaty within 15 days after receiving the document of ratification or approval of or decision on the accession to a treaty from the National Assembly, the President or the Government.
2. The President shall sign the instrument of ratification of a bilateral treaty. A document of ratification of a bilateral treaty must contain the title, time and place of signing of the treaty which is ratified, and other necessary contents.
The Ministry of Foreign Affairs shall coordinate with the proposing agency in carrying out the procedures for exchanging the instrument of ratification of a bilateral treaty with the foreign contracting party if so prescribed in the treaty or so agreed with the foreign contracting party that the instruments of ratification shall be exchanged in order for the treaty to enter into force.
3. The Minister of Foreign Affairs shall sign the instruments of ratification or approval of or accession to a multilateral treaty to be sent to the depository of the treaty.
Article 65. Diplomatic procedures for reservation
1. The Ministry of Foreign Affairs shall coordinate with the proposing agency in notifying the depository of the treaty of the reservations of the Socialist Republic of Vietnam at the time of signing the treaty.
2. The Ministry of Foreign Affairs shall notify the depository of a multilateral treaty of the reservations of the Socialist Republic of Vietnam in the document of notification of the ratification or approval of or accession to the treaty which contains provisions of which the Socialist Republic of Vietnam states its reservations or which requires subsequent confirmation of reservations stated at the time of signing the treaty; notify the depository of a multilateral treaty of the acceptance of or objection to the reservations of the foreign contracting party within 15 days after receiving the decision of a competent state agency or send such notification together with the instrument of ratification or approval of or accession to the treaty.
3. The Minister of Foreign Affairs shall sign a diplomatic notice of the reservations of the Socialist Republic of Vietnam, acceptance of or objection to the reservations of the foreign contracting party, withdrawal of the reservations or withdrawal of the objection to the reservations to be sent to the depository of the treaty.
Article 66. Diplomatic procedures for termination of the provisional application of a treaty
The Ministry of Foreign Affairs shall notify the foreign contracting party of the decision made by the Vietnamese side to terminate the provisional application of a treaty or of the reply of the Vietnamese side to the decision made by a foreign contracting party on the termination of the provisional application of the treaty within 15 days after receiving the decision made by a competent state agency.
Article 67. Diplomatic procedures for amendment and supplementation or extension of a treaty
1. The Ministry of Foreign Affairs shall coordinate with the proposing agency in notifying the foreign contracting party of the amendment and supplementation or extension of the treaty within 15 days after receiving a decision made by a competent state agency on such amendment and supplementation or extension.
2. In case the proposing agency directly notifies the foreign contracting party, it shall notify the result to the Ministry of Foreign Affairs immediately after receiving the information on the effect of the amendment and supplementation or extension of the treaty.
Article 68. Diplomatic procedures for termination, renunciation, withdrawal from, or suspension of implementation of, a treaty
1. The Ministry of Foreign Affairs shall coordinate with the proposing agency in notifying the foreign contracting party of the termination, renunciation, withdrawal from, or suspension of implementation of a bilateral treaty already concluded by the Socialist Republic of Vietnam.
2. The Minister of Foreign Affairs shall sign a notice of the termination, renunciation, withdrawal from, or suspension of implementation of a multilateral treaty to be sent to the depository of the multilateral treaty.
Article 69. Registration of a treaty
In case registration of a treaty is required, the Ministry of Foreign Affairs shall register with the Secretariat of the United Nations a treaty to which the Socialist Republic of Vietnam is a contracting party.
Chapter VII
SUMMARY ORDER AND PROCEDURES
Article 70. Application of the summary order and procedures
1. The summary order and procedures for negotiation, signing, amendment and supplementation or extension of a treaty must comply with this Chapter.
2. The summary order and procedures shall not be applied to the negotiation, signing, amendment and supplementation or extension of a treaty under the National Assembly’s ratification, accession decision-making and termination competence.
3. The order and procedures for negotiation, signing, approval, amendment and supplementation or extension of a treaty in the name of the Government on foreign loans must comply with the law on public debt management.
Article 71. Combined proposal for negotiation and signing of a treaty
In case it has identified the contents and collected all necessary documents for a dossier of proposal for signing of a treaty as prescribed in Article 17 of this Law, before the negotiation commences, the proposing agency may concurrently propose the negotiation and signing of the treaty.
Article 72. Negotiation and signing of a treaty according to the summary order and procedures
1. The summary order and procedures shall be applied to the negotiation and signing of a treaty in the following cases:
a/ A treaty which is made according to a form prescribed in another treaty between the Socialist Republic of Vietnam and the same foreign contracting party or according to the form approved by a competent agency;
b/ As decided by a competent agency.
2. The summary order and procedures for the negotiation and signing of a treaty are as follows:
a/ The consulted agencies and organizations prescribed at Point c, Clause 1, Article 9 of this Law shall give written replies within 5 days after receiving a complete dossier for opinion;
b/ The consulted agencies and organizations prescribed in Clause 2, Article 13 of this Law and the treaty examination and appraisal agencies shall give written replies within 5 days after receiving a complete dossier for opinion or a request for examination or appraisal;
c/ A dossier of request for examination of a treaty must comprise the documents prescribed in Clauses 1, 2, 5 and 6, Article 19 of this Law;
d/ A dossier of request for appraisal of a treaty must comprise the documents prescribed at Points a, b, d and dd, Clause 1, Article 21 of this Law;
dd/ A dossier of proposal for signing of a treaty must comprise the documents prescribed in Clauses 1, 2 and 6, Article 17 of this Law;
e/ The report on the signing of a treaty must contain assessments of political, defense, security, socio-economic and other impacts of the treaty, and assessments of the compatibility between the treaty proposed for signing and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, and of the conformity between the treaty and Vietnamese law.
Article 73. Amendment and supplementation of a treaty according to the summary order and procedures
1. For merely technical amendments and supplements to an existing treaty and for the case in which a new treaty is not signed to amend and supplement an existing treaty, the proposing agency may not be required to collect opinions from relevant agencies and organizations prescribed at Point a, Clause 5, Article 54 of this Law, before submitting to the Government. A consulted agency, if any, shall give written replies within 5 days after receiving a complete dossier of opinion.
2. In case a treaty designates an agency to amend and supplement the treaty, this agency shall decide to amend and supplement the treaty, unless otherwise decided by the agency competent to decide to consent to be bound by the treaty.
3. In the case prescribed in Clause 2 of this Article, the agency competent to decide to amend and supplement a treaty shall immediately notify the Ministry of Foreign Affairs and relevant agencies of the amended and supplemented contents.
4. A dossier submitted for the amendment and supplementation of a treaty according to the summary order and procedures must comprise the documents prescribed in Clause 6, Article 54 of this Law, except opinions of relevant agencies and organizations.
Article 74. Extension of a treaty according to the summary order and procedures
1. In case the extension of a treaty is merely technical, the proposing agency may not be required to collect opinions from relevant agencies and organizations prescribed at Point a, Clause 5, Article 54 of this Law.
2. The dossier submitted for extending a treaty according to the summary order and procedures must comprise the documents prescribed in Clause 6, Article 54 of this Law, except opinions of consulted agencies and organizations.
Article 75. Rejection of the application of the summary order and procedures
In case of rejection of the application of the summary order and procedures, the agency competent to decide on the negotiation, signing, amendment and supplementation or extension of a treaty shall return the dossier and request the proposing agency to comply with the normal process and procedures or request the latter to supplement the dossier.
Chapter VIII
ORGANIZATION OF THE IMPLEMENTATION OF A TREATY
Article 76. Plan for implementation of a treaty
1. The Prime Minister shall organize the implementation of a treaty to which the Socialist Republic of Vietnam is a contracting party, approve a plan for implementation, decide on directive and administrative measures or other measures to implement the treaty.
2. After consulting relevant agencies and organizations, the proposing agency shall, on the basis of the nature and contents of the treaty and its assigned tasks and powers, prepare a plan for the implementation of the treaty and submit it to the Prime Minister within 15 days after receiving the Ministry of Foreign Affairs’ notice of the entry into force of the treaty.
3. In case the proposing agency does not has the prime responsibility for the implementation of the treaty, it shall propose the Prime Minister for decision the agency to assume the prime responsibility for the implementation of the treaty within 15 days from the date a competent agency decides to consent to be bound by the treaty.
The agency assuming the prime responsibility for the implementation of the treaty shall perform the tasks of the proposing agency prescribed in Clauses 2 and 5 of this Article, and in Articles 79 and 80 of this Law.
4. A plan for implementation of a treaty must contain the following:
a/ The implementation schedule;
b/ Proposed responsibilities of state agencies to organize the implementation of the treaty;
c/ Proposed amendment and supplementation or annulment or promulgation of legal documents for the implementation of the treaty;
d/ Measures of organization, management, funding and other necessary measures for the implementation of the treaty;
dd/ Dissemination of the treaty.
5. After the plan is approved, the proposing agency and relevant agencies and organizations shall, within the ambit of their tasks and powers, organize the implementation of the plan.
Article 77. Responsibilities of the Ministry of Foreign Affairs to implement treaties
1. To monitor and urge the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.
2. To assume the prime responsibility for, and coordinate in adopting necessary measures to protect the rights and interests of the Socialist Republic of Vietnam in case a foreign contracting party breaches a treaty.
3. To report to the Government and the Prime Minister on an annual basis or when requested, and to report to the President when requested on the implementation of treaties.
To submit to the Government for report to the National Assembly on the conclusion and implementation of treaties on an annual basis or at the request of the National Assembly.
4. To assume the prime responsibility for or coordinate in organizing the dissemination of treaties to which the Socialist Republic of Vietnam is a contracting party.
5. To prepare statistics on and review treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 78. Responsibilities of the Ministry of Justice to implement treaties
1. To urge the formulation and submission for promulgation, amendment and supplementation or annulment of legal documents to implement treaties.
2. To appraise the conformity of legal documents with treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 79. Responsibilities of the proposing agency to implement a treaty
1. To work out a roadmap and specific measures for the implementation of a treaty which has entered into force for the Socialist Republic of Vietnam and of which it has proposed the conclusion.
2. To propose the promulgation, amendment and supplementation or annulment of or to promulgate, amend and supplement or annul, legal documents for the implementation of a treaty which has entered into force for the Socialist Republic of Vietnam and of which it has proposed the conclusion.
3. To propose the Prime Minister or take measures on its own to direct and administer or other measures to implement a treaty of which it has proposed the conclusion.
4. To assume the prime responsibility for or coordinate in the public dissemination of a treaty which has entered into force for the Socialist Republic of Vietnam and of which it has proposed the conclusion.
5. To propose to the Government necessary measures to protect the rights and interests of the Socialist Republic of Vietnam in case the treaty of which it has proposed the conclusion is breached.
6. To make reports on the conclusion and implementation of treaties within the scope of its state management and send them on November 15th at the latest annually to the Ministry of Foreign Affairs for summarization and submission to the Government. Such reports shall be made in a form set by the Ministry of Foreign Affairs.
When requested, the proposing agency shall report on the conclusion and implementation of a treaty to the President or the Government.
7. To assume the prime responsibility for and coordinate with the Ministry of Justice and relevant agencies and organizations in proposing to the Government for decision the correct understanding and application of a provision of a treaty in case there are different ways of understanding and application of such provision.
Article 80. Responsibilities of agencies, organizations and individuals
1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, ministerial-level agencies, and the People’s Committees of provinces and centrally run cities shall, within the ambit of their respective tasks and powers, assume the prime responsibility for or coordinate with the proposing agencies in implementing the treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Agencies, organizations and individuals shall observe treaties to which the Socialist Republic of Vietnam is a contracting party.
Chapter IX
STATE MANAGEMENT OF TREATIES
Article 81. Contents of state management of treaties
1. Promulgating, and organizing the implementation of, legal documents on treaties.
2. Organizing and guaranteeing the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.
3. Disseminating treaties to which the Socialist Republic of Vietnam is a contracting party.
4. Disseminating, and guiding the implementation of, the law on treaties.
5. Keeping custody, deposit, making of certified copies, translation, publication and registration of treaties.
6. Preparing statistics on, and reviewing treaties.
7. Formulating long-term and annual plans on the conclusion and implementation of treaties.
8. Reporting on the conclusion and implementation of treaties.
9. Performing supervision, inspection and commendation work and the handling of violations of the law on treaties.
10. Settling complaints and denunciations relating to the conclusion and implementation of treaties.
11. International co-operation in relation to treaties.
Article 82. Agencies performing state management of treaties
1. The Government shall perform the unified state management of treaties.
2. The Ministry of Foreign Affairs shall take responsibility to the Government for performing the state management of treaties.
3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of treaties.
Article 83. Assurance of funding for activities related to treaties
1. The State shall ensure funding for the conclusion and implementation of treaties.
2. The Government shall detail this Article.
Chapter X
IMPLEMENTATION PROVISIONS
Article 84. Effect
1. This Law takes effect on July 1, 2016.
2. Law No. 41/2005/QH11 on the conclusion, accession to and implementation of treaties ceases to be effective on the effective date of this Law.
This Law was passed on April 9, 2016, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 11th session.-
|
Chairman |
(Signed) |
| |
nguyen thi kim ngan |