LAW
On International Agreements
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on International Agreements.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Law provides the principles, competence, order and procedures for conclusion, amendment, supplementation, extension, and invalidation of, withdrawal from, and suspension and organization of implementation of, international agreements, and responsibilities of related agencies in conclusion and implementation of international agreements.
2. This Law does not regulate the conclusion and implementation of agreements on official development assistance (ODA) and concessional loans of foreign donors under the law on public debt management; agreements on Vietnam’s provision of loans and aid for foreign countries under the law on Vietnam’s provision of loans and aid for foreign countries; agreements on foreign non-governmental aid under the law on foreign non-governmental aid; contracts under the civil law; and contracts of investment projects in the form of public-private partnership under the law on investment in the form of public-private partnership.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. International agreement means a written agreement on international cooperation between a Vietnamese signatory within the ambit of its functions, tasks and powers and a foreign signatory, which does not give rise to, change or terminate, rights and obligations of the Socialist Republic of Vietnam in accordance with international law.
2. Vietnamese signatories include:
a/ The State, National Assembly, and Government;
b/ The Ethnic Council and Committees of the National Assembly (below collectively referred to as agencies of the National Assembly), the National Assembly Secretary General, the National Assembly Office, agencies under the National Assembly Standing Committee, and the State Audit Office of Vietnam;
c/ The President Office, Supreme People’s Court, and Supreme People’s Procuracy;
d/ Ministries, ministerial-level agencies, and government-attached agencies;
dd/ Provincial-level People’s Councils and People’s Committees (below collectively referred to as provincial-level state agencies);
e/ General departments and departments under ministries and ministerial-level agencies;
g/ Specialized agencies under provincial-level People’s Committees;
h/ District-level People’s Committees;
i/ Commune-level People’s Committees in border areas;
k/ Central agencies of socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations (below collectively referred to as central agencies of organizations); and provincial-level agencies of socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations (below collectively referred to as provincial-level agencies of organizations).
3. Central-level state agencies include the agencies specified at Points b, c and d, Clause 2 of this Article.
4. Foreign signatory means a State, National Assembly, Government, or local administration or an agency or organization established under a foreign law, an international organization or a foreign individual.
5. Conclusion means acts performed by a competent person or agency, including signing and approving an international agreement or exchanging instruments constituting an international agreement.
6. Signing means an act performed by a competent or authorized person using his/her signature to accept the binding of the agency or organization concluding an international agreement.
7. Invalidation of an international agreement means an act performed by a Vietnamese signatory to renounce the validity of an international agreement.
8. Withdrawal from an international agreement means an act performed by a Vietnamese signatory to renounce the acceptance of the binding of an international agreement.
9. Suspension of implementation of an international agreement means an act performed by a Vietnamese signatory to suspend the implementation of the whole or part of an international agreement.
Article 3. Principles of conclusion and implementation of international agreements
1. Conformity with the Constitution and laws of the Socialist Republic of Vietnam, interests of the country and the nation, external policies of the Socialist Republic of Vietnam, and treaties to which the Socialist Republic of Vietnam is a contracting party; compliance with the principle of respect for national sovereignty and non-intervention in the internal affairs of other states and other fundamental principles of international law;
2. The conclusion of international agreements must not give rise to, change, or terminate, rights and obligations of the Socialist Republic of Vietnam in accordance with international law; it is not permitted to conclude international agreements on matters which are required by law to be handled through conclusion of treaties.
3. Satisfaction of requirements regarding external affairs and effectiveness of concluded international agreements within the scope of funds allocated from state budget or self-mobilized funds in accordance with law.
4. Conformity with the functions, tasks and powers of agencies and organizations concluding international agreements and compliance with the order and procedures for conclusion of international agreements specified in this Law.
5. The conclusion of international agreements by the agencies and organizations specified at Points b, c, d, dd, e, g, h, i and k, Clause 2, Article 2 of this Law must not bind the implementation responsibility of the State, National Assembly, or Government or Vietnamese agencies and organizations other than those concluding such international agreements.
6. Commune-level People’s Committees in border areas shall only conclude with foreign signatories being local administrations of the equivalent level international agreements on exchanges, exchange of information, town twining, and cooperation in border management in conformity with relevant treaties to which the Socialist Republic of Vietnam is a contracting party.
7. Vietnamese signatories have the responsibility to implement concluded international agreements and concurrently have the right to request foreign signatories to implement such international agreements in the spirit of friendship and cooperation.
Article 4. Contents of state management of international agreements
1. To promulgate legal documents on international agreements.
2. To ensure the conclusion and implementation of international agreements be conformable with law.
3. To disseminate, educate, and guide the implementation of, the law on international agreements.
4. To make statistics of, and archive, international agreements.
5. To conduct examination, inspection, and commendation and handle violations concerning international agreements.
6. To settle complaints and denunciations related to the conclusion and implementation of international agreements.
Article 5. Agencies performing the state management of international agreements
1. The Government shall perform the unified state management of international agreements.
2. The Ministry of Foreign Affairs shall be held responsible before the Government for performance of the state management of international agreements.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements concluded in their own name or in the name of their general departments or departments.
4. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements concluded in their own name or in the name of their specialized agencies, district-level People’s Committees or commune-level People’s Committees in border areas.
Article 6. Names of international agreements
An international agreement may be concluded with the name of thoa thuan (agreement), thong cao (communiqué), tuyen bo (declaration), y dinh thu (letter of intent), ban ghi nho (memorandum of understanding), bien ban thoa thuan (minutes of agreement), bien ban trao doi (minutes of exchange), chuong trinh hop tac (cooperation program), or ke hoach hop tac (cooperation plan) or another name, except particular names of treaties, including cong uoc (convention), hiep uoc (pact), dinh uoc (accord) and hiep dinh (agreement).
Article 7. Language of international agreements
Unless otherwise agreed upon by the Vietnamese signatory and foreign signatory, an international agreement must have a Vietnamese text. In case an international agreement has a foreign-language text only, the Vietnamese signatory shall translate it into Vietnamese.
The Vietnamese text of an international agreement must be accurate in content and consistent in format with its foreign-language text.
Chapter II
CONCLUSION OF INTERNATIONAL AGREEMENTS
Section 1
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE STATE OR GOVERNMENT
Article 8. Competence to decide on the conclusion of international agreements in the name of the State or Government
1. The President shall decide on the conclusion of international agreements in the name of the State.
2. The Prime Minister shall decide on the conclusion of international agreements in the name of the Government.
Article 9. Order and procedures for conclusion of an international agreement in the name of the State or Government
1. The concerned ministry, ministerial-level agency or government-attached agency shall send a dossier of proposal for conclusion of an international agreement in the name of the State or Government to the Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier as specified in Article 27 of this Law.
3. The concerned ministry, ministerial-level agency or government-attached agency shall study and assimilate opinions of the consulted agencies and organizations and complete a dossier for submitting the conclusion of the international agreement to the Prime Minister for decision, for international agreements to be concluded in the name of the Government; or for proposing the Government to submit the conclusion of the international agreement to the President for decision, for international agreements to be concluded in the name of the State.
4. The President or Prime Minister shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement. On the basis of the written decision of the President or Prime Minister, the concerned ministry, ministerial-level agency or government-attached agency shall organize the conclusion of the international agreement.
5. The concerned ministry, ministerial-level agency or government-attached agency shall report in writing to the President or Prime Minister and send a copy of the international agreement to the Ministry of Foreign Affairs and related agencies and organizations within 15 days after the international agreement is concluded.
Article 10. Issuance of documents of authorization to sign international agreements in the name of the State or Government
The Minister of Foreign Affairs shall, based on the written consent of the President or Prime Minister, issue documents of authorization to sign international agreements in the name of the State or Government, except international agreements to be signed by the President, Prime Minister or Minister of Foreign Affairs.
Article 11. Review and checking of texts of international agreements in the name of the State or Government before conclusion
Before concluding an international agreement in the name of the State or Government, the concerned ministry, ministerial-level agency or government-attached agency shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and related state agencies in, reviewing and checking the Vietnamese text of the international agreement against its foreign-language text in order to ensure their accuracy in content and consistency in format.
Section 2
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE NATIONAL ASSEMBLY, AGENCIES OF THE NATIONAL ASSEMBLY, THE NATIONAL ASSEMBLY SECRETARY GENERAL, THE NATIONAL ASSEMBLY OFFICE, AGENCIES UNDER THE NATIONAL ASSEMBLY STANDING COMMITTEE, OR THE STATE AUDIT OFFICE OF VIETNAM
Article 12. Competence to decide on the conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly, the National Assembly Secretary General, the National Assembly Office, agencies under the National Assembly Standing Committee, or the State Audit Office of Vietnam
1. The Chairperson of the National Assembly shall decide on the conclusion of international agreements in the name of the National Assembly.
2. The Chairperson of the Ethnic Council and Chairpersons of Committees of the National Assembly shall decide on the conclusion of international agreements in the name of their agencies.
3. The National Assembly Secretary General shall decide on the conclusion of international agreements falling within his/her competence.
4. The Director of the National Assembly Office shall decide on the conclusion of international agreements in the name of the National Assembly Office.
5. Heads of agencies under the National Assembly Standing Committee shall decide on the conclusion of international agreements in the name of their agencies.
6. The State Auditor General shall decide on the conclusion of international agreements in the name of the State Audit Office of Vietnam.
Article 13. Order and procedures for conclusion of an international agreement in the name of the National Assembly, an agency of the National Assembly, the National Assembly Secretary General, the National Assembly Office, an agency under the National Assembly Standing Committee, or the State Audit Office of Vietnam
1. The National Assembly’s Committee for External Affairs shall send a dossier of proposal for conclusion of an international agreement in the name of the National Assembly to the Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
The concerned agency of the National Assembly, National Assembly Secretary General, National Assembly Office, agency under the National Assembly Standing Committee, or State Audit Office of Vietnam shall send a dossier of proposal for conclusion of an international agreement in its/his/her name to the National Assembly’s Committee for External Affairs, Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
3. The competent person specified in Article 12 of this Law shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement after studying and assimilating opinions of the consulted agencies and organizations.
4. In case the consulted agencies and organizations disagree with the conclusion of the international agreement:
a/ The agency of the National Assembly, National Assembly Secretary General, National Assembly Office, agency under the National Assembly Standing Committee, or State Audit Office of Vietnam shall submit the conclusion of the international agreement to the National Assembly Vice Chairperson in charge of external affairs of the National Assembly for opinion and must fully report opinions of the consulted agencies and organizations.
Within 7 working days after receiving a complete dossier specified in Article 28 of this Law, the National Assembly Vice Chairperson in charge of external affairs of the National Assembly shall give his/her opinions on the conclusion of the international agreement;
b/ Within 7 working days after receiving a complete dossier specified in Article 28 of this Law and opinions of the National Assembly Vice Chairperson in charge of external affairs of the National Assembly submitted by the agency of the National Assembly, National Assembly Secretary General, National Assembly Office, agency under the National Assembly Standing Committee, or State Audit Office of Vietnam, the Chairperson of the National Assembly shall issue a decision on the conclusion of the international agreement;
c/ The conclusion of the international agreement shall be conducted after obtaining the written consent of the Chairperson of the National Assembly.
5. The agency of the National Assembly, National Assembly Secretary General, National Assembly Office, agency under the National Assembly Standing Committee, or State Audit Office of Vietnam shall report in writing to the Chairperson of the National Assembly and send a copy of the international agreement to the National Assembly’s Committee for External Affairs and the Ministry of Foreign Affairs within 15 days after the international agreement in concluded.
Section 3
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE PRESIDENT OFFICE, SUPREME PEOPLE’S COURT OR SUPREME PEOPLE’S PROCURACY
Article 14. Competence to decide on the conclusion of international agreements in the name of the President Office, Supreme People’s Court or Supreme People’s Procuracy
1. The Director of the President Office shall decide on the conclusion of international agreements in the name of the President Office.
2. The Chief Justice of the Supreme People’s Court shall decide on the conclusion of international agreements in the name of the Supreme People’s Court.
3. The Procurator General of the Supreme People’s Procuracy shall decide on the conclusion of international agreements in the name of the Supreme People’s Procuracy.
Article 15. Order and procedures for conclusion of an international agreement in the name of the President Office, Supreme People’s Court or Supreme People’s Procuracy
1. The President Office, Supreme People’s Court or Supreme People’s Procuracy shall send a dossier of proposal for conclusion of an international agreement in its name to the Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
3. The Director of the President Office, Chief Justice of the Supreme People’s Court or Procurator General of the Supreme People’s Procuracy shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement after studying and assimilating opinions of the consulted agencies and organizations.
4. In case the consulted agencies and organizations disagree with the conclusion of the international agreement:
a/ The President Office, Supreme People’s Court or Supreme People’s Procuracy shall submit the conclusion of the international agreement to the President for opinion, and fully report opinions of the consulted agencies and organizations;
b/ Within 7 working days after receiving a complete dossier specified in Article 28 of this Law, the President shall give written opinions on the conclusion of the international agreement;
c/ The conclusion of the international agreement shall be conducted after obtaining the written consent of the President.
5. The President Office, Supreme People’s Court or Supreme People’s Procuracy shall report in writing to the President and send a copy of the international agreement to the Ministry of Foreign Affairs within 15 days after the international agreement is concluded.
Section 4
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES OR GOVERNMENT-ATTACHED AGENCIES
Article 16. Competence to decide on the conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies
Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall decide on the conclusion of international agreements in the name of their respective ministries, ministerial-level agencies and government-attached agencies.
Article 17. Order and procedures for conclusion of an international agreement in the name of a ministry, ministerial-level agency or government-attached agency
1. The concerned ministry, ministerial-level agency or government-attached agency shall send a dossier of proposal for conclusion of an international agreement in its name to the Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
3. The minister or head of the ministerial-level agency or government-attached agency shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement after studying and assimilating opinions of the consulted agencies and organizations.
4. In case the consulted agencies and organizations disagree with the conclusion of the international agreement:
a/ The concerned ministry, ministerial-level agency or government-attached agency shall submit the conclusion of the international agreement to the Prime Minister for opinion, and fully report opinions of the consulted agencies and organizations;
b/ Within 7 working days after receiving a complete dossier specified in Article 28 of this Law, the Prime Minister shall give written opinions on the conclusion of the international agreement;
c/ The conclusion of the international agreement shall be conducted after obtaining the written consent of the Prime Minister.
5. The concerned ministry, ministerial-level agency or government-attached agency shall report in writing to the Prime Minister and send a copy of the international agreement to the Ministry of Foreign Affairs within 15 days after such international agreement is concluded.
Section 5
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF PROVINCIAL-LEVEL STATE AGENCIES
Article 18. Competence to decide on the conclusion of international agreements in the name of provincial-level state agencies
1. Chairpersons of provincial-level People’s Councils shall decide on the conclusion of international agreements in the name of provincial-level People’s Councils.
2. Chairpersons of provincial-level People’s Committees shall decide on the conclusion of international agreements in the name of provincial-level People’s Committees.
Article 19. Order and procedures for conclusion of an international agreement in the name of a provincial-level state agency
1. The concerned provincial-level state agency shall send a dossier of proposal for conclusion of an international agreement in its name to the Ministry of Foreign Affairs and agencies and organizations directly related to such international agreement to seek the latter’s opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
3. A competent person specified in Article 18 of this Law shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement after studying and assimilating opinions of consulted agencies and organizations.
4. In case the consulted agencies and organizations disagree with the conclusion of the international agreement:
a/ The concerned provincial-level state agency shall submit the conclusion of the international agreement to the Prime Minister for opinion, and fully report opinions of the consulted agencies and organizations;
b/ Within 7 working days after receiving a complete dossier specified in Article 28 of this Law, the Prime Minister shall give written opinions on the conclusion of the international agreement;
c/ The conclusion of the international agreement shall be conducted after obtaining the written consent of the Prime Minister.
5. The concerned provincial-level state agency shall report in writing to the Prime Minister and send a copy of the international agreement to the Ministry of Foreign Affairs within 15 days after the international agreement is concluded.
Section 6
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF GENERAL DEPARTMENTS OR DEPARTMENTS UNDER MINISTRIES OR MINISTERIAL-LEVEL AGENCIES; SPECIALIZED AGENCIES UNDER PROVINCIAL-LEVEL PEOPLE’S COMMITTEES; DISTRICT-LEVEL PEOPLE’S COMMITTEES; OR COMMUNE-LEVEL PEOPLE’S COMMITTEES IN BORDER AREAS
Article 20. Conclusion of international agreements in the name of general departments or departments under ministries or ministerial-level agencies; specialized agencies under provincial-level People’s Committees; district-level People’s Committees; or commune-level People’s Committees in border areas
1. Ministers or heads of ministerial-level agencies shall decide on the conclusion of international agreements in the name of general departments or department under their respective ministries or ministerial-level agencies.
2. Chairpersons of provincial-level People’s Committees shall decide on the conclusion of international agreements in the name of specialized agencies under provincial-level People’s Committees; district-level People’s Committees; or commune-level People’s Committees in border areas.
3. The Government shall stipulate in detail the conclusion and implementation of international agreements in the name of general departments or departments under ministries or ministerial-level agencies; specialized agencies under provincial-level People’s Committees; district-level People’s Committees; and commune-level People’s Committees in border areas.
Section 7
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF CENTRAL AGENCIES OF ORGANIZATIONS OR PROVINCIAL-LEVEL AGENCIES OF ORGANIZATIONS
Article 21. Competence to decide on the conclusion of international agreements in the name of central agencies of organizations
Heads of central agencies of organizations shall decide on the conclusion of international agreements in the name of their agencies after obtaining written consents of agencies managing external affairs of the organizations.
Article 22. Order and procedures for conclusion of an international agreement in the name of the central agency of an organization
1. The central agency of the concerned organization shall send a dossier of proposal for conclusion of an international agreement in its name to the Ministry of Foreign Affairs, the agency performing the state management of the relevant field of cooperation, and agencies and organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
3. After studying and assimilating opinions of the consulted agencies and organizations, the central agency of the concerned organization shall submit the conclusion of the international agreement to the agency managing external affairs of the organization for opinion.
4. Within 7 working days after receiving a complete dossier specified in Article 28 of this Law, the agency managing external affairs of the concerned organization shall give its written opinions on the conclusion of the international agreement.
5. After obtaining the written consent of the agency managing external affairs of the concerned organization, the head of the central agency of the organization shall decide on and proceed with the conclusion of, or authorize another person to sign, the international agreement.
6. The central agency of the concerned organization shall report in writing to the agency managing external affairs of the organization and send a copy of the international agreement to the Ministry of Foreign Affairs within 15 days after the international agreement is concluded.
Article 23. Conclusion of international agreements in the name of provincial-level agencies of organizations
1. The agencies managing external affairs of provincial-level agencies of organizations shall decide on the conclusion of international agreements in the name of provincial-level agencies of organizations.
2. The Government shall stipulate in detail the conclusion and implementation of international agreements in the name of provincial-level agencies of organizations.
Section 8
CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF MORE THAN ONE AGENCY OR ORGANIZATION; INTERNATIONAL AGREEMENTS RELATED TO NATIONAL DEFENSE, SECURITY OR INVESTMENT; AND INTERNATIONAL AGREEMENTS BY AGENCIES AND UNITS IN THE PEOPLE’S ARMY OR PEOPLE’S PUBLIC SECURITY FORCES
Article 24. Conclusion of international agreements in the name of more than one agency or organization
1. In case two or more agencies or organizations conclude an international agreement with a foreign signatory, these agencies or organizations shall make a written agreement on designation of one of them to act as the focal point in the conclusion. In case of failure to reach agreement on which agency or organization will act as the focal point in the conclusion, these agencies or organizations shall report the case to competent superior agencies for decision.
2. The agency or organization acting as the focal point in the conclusion of an international agreement shall seek opinions on the international agreement, and submit the conclusion of the international agreement to competent authorities in case of divergent opinions, and organize and report on the conclusion of the international agreement according to Sections 2 thru 7 of this Chapter.
Article 25. Conclusion of international agreements related to national defense, security or investment
1. In case of conclusion of international agreements related to national defense or security affairs falling within the scope of state management of the Ministry of National Defense, in addition to complying with Articles 9, 13, 15, 17, 19, 22 and 24 of this Law, central-level state agencies, provincial-level state agencies and central agencies of organizations shall send dossiers of proposal for conclusion of international agreements to the Ministry of National Defense to seek the latter’s written opinions.
2. In case of conclusion of international agreements related to security affairs falling within the scope of state management of the Ministry of Public Security, in addition to complying with Articles 9, 13, 15, 17, 19, 22 and 24 of this Law, central-level state agencies, provincial-level state agencies and central agencies of organizations shall send dossiers of proposal for conclusion of international agreements to the Ministry of Public Security to seek the latter’s written opinions.
3. In case of conclusion of international agreements related to investment, in addition to complying with Articles 9, 13, 15, 17, 19, 22 and 24 of this Law, central-level state agencies, provincial-level state agencies and central agencies of organizations shall send dossiers of proposal for conclusion of international agreements to the Ministry of Planning and Investment to seek the latter’s written opinions.
4. The consulted agencies specified in Clauses 1, 2, and 3 of this Article shall make written replies within 7 working days after receiving a complete dossier specified in Article 27 of this Law.
Article 26. Conclusion of international agreements by agencies and units in the People’s Army and People’s Public Security forces
1. The Minister of National Defense shall stipulate in detail the conclusion and implementation of international agreements by agencies and units in the People’s Army in conformity with the principles specified in Article 3 of this Law.
2. The Minister of Public Security shall stipulate in detail the conclusion and implementation of international agreements by agencies and units in the People’s Public Security forces in conformity with the principles specified in Article 3 of this Law.
Section 9
DOSSIERS OF CONSULTATION, DOSSIERS OF SUBMISSION AND RESPONSIBILITY TO GIVE OPINIONS ON PROPOSALS FOR CONCLUSION OF INTERNATIONAL AGREEMENTS
Article 27. Dossiers of consultation on proposals for conclusion of international agreements
A dossier of consultation on the proposal for conclusion of an international agreement specified in Clause 1, Article 9; Clause 1, Article 13; Clause 1, Article 15; Clause 1, Article 17; Clause 1, Article 19; or Clause 1, Article 22, of this Law must comprise:
1. A written proposal for conclusion of the international agreement, covering the following principal contents:
a/ Requirements and purposes of the conclusion of the international agreement;
b/ Major contents of the international agreement;
c/ Assessment of the international agreement’s conformity with Vietnam’s law and relevant treaty(ies) to which the Socialist Republic of Vietnam is a contracting party;
d/ Assessment of the international agreement’s impacts on political, external, national defense, security, and socio-economic affairs and other impacts;
dd/ Adherence to the principles specified in Article 3 of this Law;
e/ Feasibility and effectiveness of the international agreement;
2. The draft Vietnamese and foreign-language texts of the international agreement. For international agreements with foreign-language texts only, their Vietnamese translations are required.
Article 28. Dossiers of submission of the conclusion of international agreements
A dossier of submission of the conclusion of an international agreement specified in Clause 3, Article 9; Clause 4, Article 13; Clause 4, Article 15; Clause 4, Article 17; Clause 4, Article 19; or Clause 4, Article 22, of this Law must comprise:
1. A written proposal for conclusion of the international agreement, covering the contents specified in Clause 1, Article 27 of this Law and matters involving divergent opinions (if any) of the consulted agencies and organizations, and proposal on authorization to sign the international agreement (if any);
2. Written opinions of the agencies and organizations specified in Clause 2,
Article 9; Clause 2, Article 13; Clause 2, Article 15; Clause 2, Article 17; Clause 2, Article 19; Clause 2, Article 22, or Clause 4 Article 25, of this Law;
3. An explanatory report on assimilation of opinions of the consulted agencies and organizations;
4. The draft Vietnamese and foreign-language texts of the international agreement. For international agreements with foreign-language texts only, their Vietnamese translations are required.
Article 29. Contents of a proposal for conclusion of an international agreement requiring opinions of the Ministry of Foreign Affairs
1. Necessity and purposes of conclusion of the international agreement on the basis of evaluating the relationship between Vietnam and the foreign signatory.
2. Assessment of the conformity of the international agreement with interests of the country and the nation and external policies of the Socialist Republic of Vietnam.
3. Assessment of the conformity of the international agreement with the relevant treaty(ies) to which the Socialist Republic of Vietnam is a contracting party.
4. Assessment of the contents of the international agreement regarding the possibility of giving rise to, changing or terminating rights and obligations of the Socialist Republic of Vietnam under international law.
5. Name and form of the international agreement, name of the entity in which the international agreement is to be concluded, ranking of the entity concluding the international agreement, and language, validity and format of the international agreement.
6. Compliance with the order and procedures for proposal of the conclusion of international agreements.
7. Consistency of the Vietnamese text of the international agreement with its foreign-language text.
Article 30. Contents a proposal for conclusion of an international agreement requiring opinions of related agencies and organizations
1. Assessment of the conformity between the international agreement’s contents on international cooperation and policies on international cooperation in the sectors and fields under their assigned functions and tasks; requirements for national defense and security assurance (if any).
2. Assessment of the conformity between the contents of the international agreement and provisions of relevant specialized laws.
3. Assessment of the feasibility and effectiveness of the international agreement.
Section 10
SIGNING OF INTERNATIONAL AGREEMENTS DURING VISITS OF HIGH-RANKING DELEGATIONS
Article 31. Signing of international agreements during visits of high-ranking delegations
1. Central-level state agencies, provincial-level state agencies and central agencies of organizations shall coordinate with the Ministry of Foreign Affairs or the National Assembly’s Committee for External Affairs in completing procedures for signing international agreements and finalizing draft international agreements to be signed during Vietnamese high-ranking delegations’ visits to foreign countries or during foreign high-ranking delegations’ visits to Vietnam under decisions of competent state agencies.
2. The Ministry of Foreign Affairs or the National Assembly’s Committee for External Affairs shall assume the prime responsibility for, or coordinate with other agencies in, reviewing and checking final texts of international agreements; the Ministry of Foreign Affairs or National Assembly Office shall coordinate with foreign partners in organizing signing ceremonies of international agreements during Vietnamese high-ranking delegations’ visits to foreign countries or during foreign high-ranking delegations’ visits to Vietnam.
Chapter III
VALIDITY, AMENDMENT, SUPPLEMENTATION, EXTENSION, AND INVALIDATION OF, WITHDRAWAL FROM, AND SUSPENSION OF IMPLEMENTATION OF, INTERNATIONAL AGREEMENTS
Article 32. Validity of international agreements
1. The validity of an international agreement must comply with the provision thereof.
2. In case an international agreement has no provision on validity, its validity must comply with the written agreement between the Vietnamese signatory and foreign signatory.
Article 33. Amendment, supplementation and extension of international agreements
1. The agency or person competent to decide on the conclusion of an international agreement is competent to decide on the amendment, supplementation and extension of that international agreement.
2. The order and procedures for amendment, supplementation and extension of international agreements are similar to those for conclusion of international agreements specified in this Law.
3. Central-level state agencies, provincial-level state agencies and central agencies of organizations shall notify the Ministry of Foreign Affairs of the amendment, supplementation or extension of the international agreements specified in Sections 1, 2, 3, 4, 5 and 7, Chapter II of this Law within 15 days after the amendment, supplementation or extension becomes valid.
Article 34. Invalidation of, withdrawal from, and suspension of the implementation of international agreements
1. The invalidation, withdrawal from, and suspension of the implementation of international agreements must comply with the provisions of such international agreements or under agreements between Vietnamese signatories and foreign signatories.
2. Vietnamese signatories shall invalidate or withdraw from international agreements if one of the principles specified in Article 3 of this Law is violated in the course of implementation of such international agreements.
3. The agencies and persons competent to decide on the conclusion of international agreements are competent to decide on the invalidation of, withdrawal from, and suspension of implementation of such international agreements.
4. The order and procedures for invalidation of, withdrawal from, and suspension of the implementation of international agreements are similar to those for the conclusion of international agreements specified in this Law.
5. Central-level state agencies, provincial-level state agencies and central agencies of organizations shall notify the Ministry of Foreign Affairs of the invalidation of, withdrawal from, or suspension of the implementation of the international agreements specified in Sections 1, 2, 3, 4, 5 and 7, Chapter II of this Law within 15 days after the invalidation of, withdrawal from, or suspension of the implementation of international agreements becomes valid.
Chapter IV
FAST-TRACK ORDER AND PROCEDURES
Article 35. Conditions for applying fast-track order and procedures for conclusion of international agreements
1. The fast-track order and procedures shall be applied to the conclusion of an international agreement in the name of the State, National Assembly or Government if the following conditions are fully satisfied:
a/ The conclusion of the international agreement complies with the policy and scheme already approved by the President, Prime Minister or National Assembly Chairperson or has been proposed by the President, Prime Minister or National Assembly Chairperson to a competent authority and approved or authorized by the latter;
b/ The conclusion of the international agreement needs to be urgently handled to meet political or external affair requirements.
2. The fast-track order and procedures shall be applied to the conclusion of an international agreement in the name of a central-level state agency, provincial-level state agency or the central agency of an organization if one of the following conditions is fully satisfied:
a/ A competent agency has permitted the signing of the international agreement during a Vietnamese high-ranking delegation’s visit to a relevant foreign country or a foreign high-ranking delegation’s visit to Vietnam;
b/ The conclusion of the international agreement needs to be urgently handled to meet political or external affair requirements or for the purpose of emergency relief or remediation of consequences of disasters, catastrophes or epidemics.
Article 36. Fast-track order and procedures for conclusion of an international agreement in the name of the State
1. The concerned ministry, ministerial-level agency or government-attached agency shall send a dossier of proposal for conclusion of an international agreement to the Ministry of Foreign Affairs and agencies or organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 3 working days after receiving a complete dossier as specified in Article 40 of this Law.
3. The concerned ministry, ministerial-level agency and government-attached agency shall proceed with the conclusion of the international agreement according to the policy and scheme already approved by a competent authority under Point a, Clause 1, Article 35 of this Law.
4. In case the proposing ministry, ministerial-level agency, or government-attached agency and the consulted agencies or organizations hold divergent opinions on the necessity for conclusion of the international agreement; compliance with the principles specified in Article 3 of this Law; or conditions for application of the fast-track order and procedures specified in Clause 1, Article 35 of this Law, the proposing ministry, ministerial-level agency or government-attached agency shall propose the Government to submit the conclusion of the international agreement in the name of the State to the President for decision. The dossier of submission must comprise the documents specified in Article 28 of this Law. The conclusion of the international agreement shall be conducted after obtaining the President’s written consent.
Article 37. Fast-track order and procedures for conclusion of an international agreement in the name of the National Assembly
1. The National Assembly’s Committee for External Affairs shall send a dossier of proposal for conclusion of an international agreement to the Ministry of Foreign Affairs and agencies or organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 3 working days after receiving a complete dossier specified in Article 40 of this Law.
3. The National Assembly Office shall proceed with the conclusion of the international agreement according to the policy and scheme already approved by a competent authority as specified at Point a, Clause 1, Article 35 of this Law.
4. In case the National Assembly’s Committee for External Affairs and the consulted agencies and organizations hold divergent opinions on the necessity for conclusion of the international agreement; compliance with the principles specified in Article 3 of this Law; or conditions for application of the fast-track order and procedures specified in Clause 1, Article 35 of this Law, the National Assembly’s Committee for External Affairs shall submit the conclusion of the international agreement to the National Assembly Vice Chairperson in charge of external affairs to seek the latter’s opinions before submitting it to the National Assembly Chairperson for decision. The dossier of submission must comprise the documents specified in Article 28 of this Law. The conclusion of the international agreement shall be conducted after obtaining the National Assembly Chairperson’s written consent.
Article 38. Fast-track order and procedures for conclusion of an international agreement in the name of the Government
1. The concerned ministry, ministerial-level agency or government-attached agency shall send a dossier of proposal for conclusion of the international agreement to the Ministry of Foreign Affairs and agencies or organizations directly related to such international agreement to seek the latter’s written opinions.
2. The consulted agencies and organizations shall make written replies within 3 working days after receiving a complete dossier specified in Article 40 of this Law.
3. The concerned ministry, ministerial-level agency and government-attached agency shall proceed the conclusion of the international agreement according to the policy and scheme already approved by a competent authority as specified at Point a, Clause 1, Article 35 of this Law.
4. In case the proposing ministry, ministerial-level agency or government-attached agency and the consulted agencies or organizations hold divergent opinions on the necessity for conclusion of the international agreement; the compliance with the principles specified in Article 3 of this Law; or conditions for application of the fast-track order and procedures specified in Clause 1, Article 35 of this Law, the proposing ministry, ministerial-level agency and government-attached agency shall submit the conclusion of the international agreement in the name of the Government to the Prime Minister for decision. The dossier of submission must comprise the documents specified in Article 28 of this Law. The conclusion of the international agreement shall be conducted after obtaining the Prime Minister’s written consent.
Article 39. Fast-track order and procedures for conclusion of an international agreement in the name of a central-level state agency, provincial-level state agency or the central agency of an organization
1. The concerned central-level state agency, provincial-level state agency and the central agency of the concerned organization shall send a dossier of proposal for conclusion of the international agreement to the Ministry of Foreign Affairs and agencies, organizations directly related to the international agreement to seek the latter’s opinions.
2. The consulted agencies and organizations shall make written replies within 3 working days after receiving a complete dossier specified in Article 40 of this Law.
Article 40. A dossier of consultation on proposal for conclusion of an international agreement according to fast-track order and procedures
1. A written request for consultation, covering the following principal contents:
a/ Requirements and purposes of the conclusion of the international agreement;
b/ Main contents of the international agreement;
c/ Assessment of the international agreement’s impacts on political, external, national defense, security, and socio-economic affairs and other impacts;
d/ Compliance with the principles specified in Article 3 of this Law; reasons for proposing the application of the fast-track order and procedures.
2. Documents proving the eligibility for application of the fast-track order and procedures prescribed in Article 35 of this Law.
3. The draft Vietnamese and foreign-language texts of the international agreement. For international agreements with foreign-language texts only, their Vietnamese translations are required.
Article 41. Amendment, supplementation and extension of international agreements according to fast-track order and procedures
1. For technical amendments or supplements or extension that fall(s) within their assigned functions, tasks and powers and do(es) not lead to the conclusion of new international agreements, central-level state agencies, provincial-level state agencies and central agencies of organizations do not necessarily need to seek opinions of related agencies and organizations. In case of being consulted, the consulted agencies and organizations shall make written replies within 3 working days after receiving a complete dossier of consultation.
2. If an international agreement designates the agency entitled to amend or supplement such agreement, such agency shall decide on the amendment or supplementation of the international agreement without having to consult other related agencies and organizations, unless otherwise decided by the agency or person competent to decide on the conclusion of such international agreement.
Chapter V
IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
Article 42. Responsibilities of central-level state agencies, provincial-level state agencies, central agencies of organizations, and provincial-level agencies of organizations in implementation of international agreements
Within the ambit of their tasks and powers, central-level state agencies, provincial-level state agencies, central agencies of organizations, provincial-level agencies of organizations shall:
1. Organize the implementation of international agreements they have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly or Government, and concurrently require foreign signatories to implement such international agreements in the spirit of friendship and cooperation;
2. Formulate long-term and annual plans on implementation of international agreements they have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly or Government, and send them to the Ministry of Foreign Affairs for monitoring, summarization and reporting to the Prime Minister; annual plans must be sent no later than November 15 of the previous year;
3. Make duplicates, announce, propagandize and disseminate international agreements they have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly or Government, except those not allowed to be announced as agreed between Vietnamese signatories and foreign signatories or under decisions of competent state agencies; for international agreements with foreign-language texts only, their Vietnamese translations are required;
4. Urge the implementation of international agreements concluded in the name of general departments and departments under ministries or ministerial-level agencies; specialized agencies under provincial-level People’s Committees; district-level People’s Committees and commune-level People’s Committees in border areas under their management;
5. Approve plans on implementation of international agreements of general departments and departments under ministries or ministerial-level agencies; specialized agencies under provincial-level People’s Committees; district-level People’s Committees and commune-level People’s Committees in border areas under their management;
6. Take necessary measures to protect rights and interests of Vietnamese signatories in case international agreements are breached.
Article 43. Responsibilities of advisory agencies and units in charge of external affairs and international cooperation of central-level state agencies and provincial-level state agencies in the implementation of international agreements
1. To advise on the formulation of long-term plans and annual plans on implementation of international agreements the central-level state agencies or provincial-level state agencies have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly and Government.
2. Urge the implementation of international agreements the central-level state agencies or provincial-level state agencies have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly or Government.
Chapter VI
RESPONSIBILITIES OF CENTRAL-LEVEL STATE AGENCIES, PROVINCIAL-LEVEL STATE AGENCIES, CENTRAL AGENCIES OF ORGANIZATIONS, PROVINCIAL-LEVEL AGENCIES OF ORGANIZATIONS, AND AGENCIES MANAGING EXTERNAL AFFAIRS OF ORGANIZATIONS; FUNDS FOR CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
Article 44. Responsibilities of the Ministry of Foreign Affairs
1. To report to the Government on an annual basis or upon request on the conclusion and implementation of international agreements; submit to the Government for reporting to the National Assembly on the conclusion and implementation of international agreements on an annual basis or at the request of the National Assembly.
2. To make statistics of concluded international agreements.
Article 45. Responsibilities of the National Assembly’s Committee for External Affairs
1. To assist the National Assembly Standing Committee in directing, regulating and coordinating the conclusion and implementation of international agreements of agencies of the National Assembly, the National Assembly Secretary General, the National Assembly Office, agencies under the National Assembly Standing Committee, and the State Audit Office of Vietnam.
2. To assume the prime responsibility for, and coordinate with agencies of the National Assembly, the National Assembly Secretary General, the National Assembly Office, agencies under the National Assembly Standing Committee, and the State Audit Office of Vietnam in, synthesizing and reporting to the National Assembly and National Assembly Standing Committee on the conclusion and implementation of international agreements on an annual basis or upon request.
Article 46. Responsibilities of central-level state agencies, provincial-level state agencies, central agencies of organizations, and provincial-level agencies of organizations
Central-level state agencies, provincial-level state agencies, central agencies of organizations, provincial-level agencies of organizations shall, in addition to the responsibility to implement international agreements specified in Article 42 of this Law, within the ambit of their tasks and powers, have the following responsibilities:
1. To formulate long-term plans and annual plans on conclusion of international agreements and send them to the Ministry of Foreign Affairs for monitoring, summarization and reporting to the Prime Minister; annual plans must be sent no later than November 15 of the previous year;
2. Archive original international agreements they have concluded or proposed for conclusion, for international agreements concluded in the name of the State, National Assembly or Government according to the law on archive;
3. Send reports on the conclusion and implementation of international agreements no later than November 15 every year or upon request to the Ministry of Foreign Affairs for monitoring, summarization and reporting to the Government and Prime Minister;
4. Disseminate and educate the law on international agreements;
5. Conduct supervision, examination, inspection, commendation work concerning, and handle violations of the law on, international agreements;
6. Settle complaints and denunciations related to the conclusion and implementation of international agreements.
Article 47. Responsibilities of ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees
1. Ministers, heads of ministerial-level agencies, and heads of government-attached agencies shall take responsibility before the Government for the conclusion and implementation of international agreements by themselves and general departments and agencies under ministries and ministerial-level agencies.
2. Chairpersons of provincial-level People’s Committees shall take responsibility before the Government for the conclusion and implementation of international agreements by provincial-level People’s Committees, specialized agencies under provincial-level People’s Committees, district-level People’s Committees, and commune-level People’s Committees in border areas under their management.
Article 48. Responsibilities of advisory agencies and units in charge of external affairs and international cooperation of central-level state agencies and provincial-level state agencies
Advisory agencies and units in charge of external affairs and international cooperation of central-level state agencies and provincial-level state agencies shall, in addition to the responsibility to implement international agreements specified in Article 43 of this Law, within the ambit of their tasks and powers, have the following responsibilities:
1. To formulate draft documents on conclusion and implementation of international agreements which are to be promulgated by central-level state agencies or provincial-level state agencies;
2. To advise central-level state agencies and provincial-level state agencies on the conclusion and implementation of international agreements in the name of central-level state agencies, provincial-level state agencies and general departments and departments under ministries, specialized agencies under provincial-level People’s Committees, district-level People’s Committees, and commune-level People’s Committees in border areas under their management;
3. To supervise, summarize and report to central-level state agencies and provincial-level state agencies on the conclusion and implementation of international agreements in the name of general departments and departments under ministries and specialized agencies under provincial-level People’s Committees, district-level People’s Committees, and commune-level People’s Committees in border areas under their management;
4. To report and consult competent authorities on issues arising in the conclusion and implementation of international agreements in the name of central-level state agencies, provincial-level state agencies, general departments and departments under ministries, ministerial-level agencies, specialized agencies under provincial-level People’s Committees, district-level People’s Committees, and commune-level People’s Committees in border areas under their management.
Article 49. Responsibilities of agencies managing external affairs of organizations
Agencies managing external affairs of organizations shall, within the ambit of their tasks and powers, have the following responsibilities:
1. To assume the prime responsibility for, and coordinate with related agencies in, guiding the conclusion and implementation of international agreements by organizations;
2. To coordinate with the Ministry of Foreign Affairs in managing the conclusion and implementation of international agreements by central agencies of organizations;
3. To report annually or at the request of competent superior agencies and notify the Government and the Ministry of Foreign Affairs of the conclusion and implementation of international agreements by central agencies of organizations.
Article 50. Funds for conclusion and implementation of international agreements
1. Funds for conclusion and implementation of international agreements in the name of the State, National Assembly, Government, central-level state agencies, provincial-level state agencies, general departments and departments under ministries or ministerial-level agencies, specialized agencies under provincial-level People’s Committees, district-level People’s Committees, and commune-level People’s Committees in border areas shall come from state budget allocations for regular operations of these agencies and other funding sources in accordance with law.
2. Funds for conclusion and implementation of international agreements in the name of central agencies or provincial-level agencies of organizations shall come from financial sources of these organizations and other funding sources in accordance with law.
3. The Government shall detail this Article.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 51. Effect
1. This Law takes effect on July 1, 2021.
2. Ordinance No. 33/2007/PL-UBTVQH11 on Conclusion and Implementation of International Agreements ceases to be effective on the effective date of this Law.
Article 52. Transitional provisions
1. For international agreements which, by the effective date of this Law, have not yet been concluded but for which the order and procedures for conclusion prescribed in Ordinance No. 33/2007/PL-UBTVQH11 on Conclusion and Implementation of International Agreements and the Prime Minister’s Decision No. 36/2018/QD-TTg of August 24, 2018, providing procedures for the conclusion and implementation of agreements in the name of the Government and proposal for the conclusion of non-treaty agreements in the name of the State to the President for decision, have proceeded, the conclusion may be conducted according to these legal documents without having to re-proceed according to the order and procedures for conclusion specified in this Law.
2. For international agreements already concluded under Ordinance No. 33/2007/PL-UBTVQH11 on Conclusion and Implementation of International Agreements and the Prime Minister’s Decision No. 36/2018/QD-TTg of August 24, 2018, providing procedures for the conclusion and implementation of agreements in the name of the Government and proposal for the conclusion of non-treaty agreements in the name of the State to the President for decision, Vietnamese signatories shall organize the implementation and amend, supplement, extend, invalidate, withdraw from, or suspend the implementation of, such international agreements according to the order and procedures specified in this Law.
This Law was passed on November 13, 2020, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 10th session.-
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Chairwoman |
(Signed) |
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Nguyen Thi Kim Ngan |