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THE NATIONAL
ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
108/2016/QH13
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Hanoi, April 9,
2016
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LAW
ON
TREATIES
Pursuant to the Constitution of Socialist
Republic of Vietnam;
The National Assembly hereby passes the Law on
Treaties.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for conclusion, reservation,
amendment, supplementation, extension, termination, denunciation, withdrawal
from, suspension of application, deposit, keeping custody, making of certified
copies of, publication, registration and conduct of implementation of a treaty.
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For the purpose of this Law, the terms used herein
shall be construed as follows:
1. Treaty refers to any written agreement
concluded in the name of the State or Government of Socialist Republic of
Vietnam with foreign signatories which creates, changes or terminates rights or
obligations of the Socialist Republic of Vietnam governed by international laws,
regardless of whatever its particular designations including, inter alia,
treaty, convention, pact, covenant, protocol, understanding and exchange of
notes.
2. A treaty to which the Socialist Republic of
Vietnam is a party refer to any international agreement that remains in
force with the Socialist Republic of Vietnam.
3. Foreign signatory refers to any State,
international organization or other entity is recognized as a subject of
international law.
4. International organization refers to an
inter-governmental organization.
5. Conclusion refers to a legal act
performed by a competent person or authority, including negotiation, signature,
ratification, approval of and accession to a treaty, or exchange of instruments
constituting a treaty.
6. Signature refers to a legal act performed
by a competent person or duly authorized representative, including signature of
a treaty without being subject to ratification or approval, and signature of a
treaty subject to ratification or approval.
7. Initialling refers to a legal act
performed by a competent person or duly authorized representative to confirm
that the text of a treaty that the Socialist Republic of Vietnam intends to
sign is the final one which has been agreed upon with foreign signatories.
8. Ratification refers to a legal act
performed by the National Assembly or State President to establish the consent
of the Socialist Republic of Vietnam to be bound by the concluded treaty.
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10. Accession refers to a legal act
performed by the National Assembly, State President or Government to establish
the consent of the Socialist Republic of Vietnam to a multilateral treaty in
the event that it has not signed that treaty, regardless of whether it has
entered into force.
11. Exchange of instruments constituting a
treaty refers to the exchange of letters, notes or instruments named
otherwise to constitute a bilateral treaty between the Socialist Republic of
Vietnam and foreign signatories.
12. Consent to be bound by a treaty refers
to a legal act performed by a competent authority, person or duly authorized
person to formally express the commitment of the Socialist Republic of Vietnam
to a treaty, including signature of a treaty without being subject to
ratification or approval, or signature of a treaty subject to ratification or
approval, exchange of instruments constituting a treaty, concession a treaty or
any other act as agreed upon with foreign signatories.
13. Full powers refers to a written
confirmation whereby the person is designated by a competent authority to
represent the Socialist Republic of Vietnam to perform one or a series of legal
act(s) in relation to negotiation and signing of a treaty.
14. Credentials refers to a written
confirmation issued by a competent authority whereby one or more persons
is(are) designated to represent the Socialist Republic of Vietnam to
international conferences to perform one or more legal act(s) in relation to
the negotiation, adoption of the text of a treaty or the implementation of the
provisions of a treaty.
15. Reservation refers to a statement made
by the Socialist Republic of Vietnam or a foreign signatory when signing,
ratifying, approving or acceding to a multilateral treaty, whereby it purports
to preclude or modify the legal effect of one or certain provision(s) of the
treaty.
16. Termination of a treaty refers to a
legal act performed by the National Assembly, the State President or the
Government to denounce the effect of a treaty to which the Socialist Republic
of Vietnam is a party.
17. Suspension of the operation of a treaty
refers to a legal act performed by the National Assembly, the State President
or the Government to suspend the operation of the whole or part of a treaty to
which the Socialist Republic of Vietnam is a party.
18. Denunciation of or withdrawal from a treaty
refers to a legal act performed by the National Assembly, the State President
or the Government to denounce the consent of the Socialist Republic of Vietnam
to be bound by a treaty.
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1. Compliance with the Constitution of Socialist
Republic of Vietnam.
2. Respect for and observance of national
independence, sovereignty, integrity, prohibition of the use or threat of
force, non-interference in the domestic affairs of each other, equality, mutual
interests and other fundamental principles of international law.
3. Protection of national and human interests, and
conformity with diplomatic policies of the Socialist Republic of Vietnam.
4. Compliance with a treaty to which the Socialist
Republic of Vietnam is a party.
Article 4. The name under which
a treaty is concluded
1. A treaty shall be concluded under the name of
the State in the following cases:
a) A treaty is directly signed by the State
President with the Head of other State;
b) A treaty relates to wars, peace, and national
sovereignty of the Socialist Republic of Vietnam;
c) A treaty relates to the establishment of,
participation in an international and regional organization where the
establishment of, participation in and withdrawal from that organization may
affect fundamental policies on diplomatic relations, national defence,
security, socio-economic development, finance and currency;
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dd) A treaty is concluded under the name of the
State by agreement with any foreign signatory.
2. A treaty shall be concluded under the name of
the Government in the following cases:
a) Any treaty is not subject to Clause 1 of this
Article;
b) A treaty is concluded under the name of the
Government by agreement with any foreign signatory.
Article 5. Language and form of
a treaty
1. A bilateral treaty must have a text in
Vietnamese language, unless otherwise agreed with foreign signatories.
2. In cases where a treaty is signed in various
languages, texts so written shall have the similar effect, unless otherwise
agreed with foreign signatories.
3. In cases where a treaty is signed only in
foreign languages, a Vietnamese translation of such treaty is required in the
proposal submitted to conclude such treaty.
4. In cases where the Socialist Republic of Vietnam
reserves, accepts or objects to reserving, of foreign signatories, the
statement on a multilateral treaty, the proposal shall be required to include
draft documents relating to such reservation and statement made in Vietnamese
language and a foreign language used for notifying the depositary of such
multilateral treaty.
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Article 6. Treaties and
provisions of domestic laws
1. In cases where a legal document and a treaty to
which the Socialist Republic of Vietnam is a party, contains different
provisions on the same matter, the provisions of the treaty shall prevail,
except the Constitution.
2. On the basis of the requirements, contents and
nature of a treaty, the National Assembly, the State President or the
Government, when deciding to consent to be bound by the treaty, shall also
decide on the direct application of the whole or part of the treaty to natural,
judicial or other entities in case the provisions of the treaty are express and
specific enough for implementation; or decide or propose to amend, supplement,
cancel or promulgate legal documents for the implementation of the treaty.
Article 7. Supervision of
conclusion and implementation of treaties
1. The National Assembly, the National Assembly
Standing Committee, the Ethnic Council, the National Assembly’s Committees,
National Assembly deputies' delegations and individual National Assembly
deputies shall, within their responsibilities and jurisdiction, supervise conclusion
and implementation of treaties.
2. The process and procedure for supervising
conclusion and implementation of treaties shall comply with laws and
regulations on the National Assembly’s supervisory operations.
Chapter II
CONCLUSION OF TREATIES
Section 1. NEGOTIATION OF
TREATIES
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1. The Supreme People’s Court, the Supreme People’s
Procuracy, the State Audit, Ministries, Ministry-level agencies and governmental
bodies (hereinafter referred to as the recommending agency) shall, to the
extent of their respective legally-established duties and powers and the
requirements of international cooperation, submit their recommendations to the
Government for consideration of the State President on the negotiation of a
treaty under the name of the State and submit their recommendation for
consideration of the Prime Minister on the negotiation of a treaty under 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
and the Ministry of Public Security as well as other relevant entities in
making recommendations on the negotiation of treaties on war, peace and national
sovereignty.
Article 9. Preparations for
negotiation of treaties
1. The recommending agency shall be responsible for
making arrangements for the negotiation of treaties and carry out the following
activities:
a) Conduct the preliminary assessment of political,
national defence, security, socio-economic and other impacts of treaties;
b) Conduct the preliminary review of applicable
laws, regulations and treaties to which the Socialist Republic of Vietnam is a
party in the same sector, and make comparison with the main contents of the
treaty to be proposed for negotiation;
c) Request opinions from the Ministry of Foreign
Affairs, the Ministry of Justice and relevant entities for submission to
competent authorities to make their decisions on negotiation of treaties.
2. Authorities or organizations from which opinions
are requested as provided in Point c Clause 1 of this Article shall be
responsible for making written replies within a period of 15 days of full
receipt of the written request for opinions.
Article 10. Powers to decide
the negotiation of treaties
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2. The Prime Minister shall decide negotiation,
full powers for negotiation, intention of negotiation and termination of
negotiation of treaties under the name of the Government.
Article 11. Recommendation
dossiers submitted for negotiation of treaties
1. Recommendation dossiers submitted for
negotiation of treaties are composed of the followings:
a) The recommending agency’s recommendation which
expressly specifies necessity, requirements and purposes of treaty negotiation;
main contents of treaties; preliminary assessment of political, national
defence, security, socio-economic and other impacts of treaties; results of
preliminary review of applicable laws and regulations and treaties to which the
Socialist Republic of Vietnam is a party in the same sector, and comparison
with main contents of treaties proposed for negotiation; any suggestion on
negotiation and full powers for negotiation;
b) Opinions from the Ministry of Foreign Affairs,
the Ministry of Justice and relevant entities; report on the responses to
opinions from agencies or organizations and suggestions for necessary actions.
2. In the case of request for termination of
negotiation of a treaty, the recommendation dossier must include the draft
treaty expressing the plans for termination of such negotiation.
Article 12. Conduct of
negotiation of treaties
1. The Government shall be authorized by the State
President to act on behalf of the State to conduct the negotiation of treaties.
The Prime Minister shall take charge of conducting negotiation of treaties for
the Government.
2. Pursuant to the decision of the competent
authority referred to in Article 10 hereof, the recommending agency shall
undertake and cooperate with relevant agencies or organizations in development
and submission to the Prime Minister of negotiation plans and draft treaties
for Vietnam and composition of negotiation delegation.
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4. The recommending agency must report to the Prime
Minister on a timely basis about any issues arising during the negotiation
process and propose any actions to be taken.
5. The State President and the Government shall be
responsible for reporting to the National Assembly, the National Assembly's
Standing Committee on the negotiation of treaties within the ratification
jurisdiction of the National Assembly.
Section 2. RECOMMENDATION ON
SIGNATURE OF TREATIES
Article 13. Powers to make
recommendations on signature of treaties
1. Subject to duties, powers and requirements of
international cooperation, the agency referred to in Article 8 hereof shall
submit recommendations to the Government for the State President's
consideration of decision on signature of treaties under the name of the State or
to the Government for its decision on signature thereof under the name of the
Government.
2. Before making recommendations on signature of
treaties, the recommending agency must hold consultations with any relevant
agencies or organizations or collect examination opinions from the Ministry of
Foreign Affairs as well as inspection opinions from the Ministry of Justice.
3. In cases where relevant agencies or
organizations have had opinions on negotiation of treaties but draft treaties
proposed for signature have unchanged contents in comparison with the
negotiations allowed by competent authorities, the recommending agency shall
call for examination opinions from the Ministry of Foreign Affairs, inspection
opinions from the Ministry of Justice but shall not be necessarily hold
consultations with other relevant agencies or organizations.
4. Any agency or organization from which opinions
are requested as provided in Clause 2 of this Article shall be responsible for
making written replies within 17 days from full receipt of required dossiers or
within the period referred to in Clause 1 Article 18 and Clause 1 Article 20
hereof.
Article 14. The National
Assembly Standing Committee's giving opinions on signature of treaties
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2. The Government shall make a decision on
signature of the treaty, subject to opinions from The National Assembly
Standing Committee.
Article 15. Powers and
contents of the decision on signature of treaties
1. The State President shall decide signature of
treaties under the name of the State.
2. The Government shall decide signature of
treaties under the name of the Government.
3. The decision on signature of treaties must be
expressed in a written form, including the following contents:
a) Designation, form and name under which a treaty
is signed;
b) Representative and representative’s authority
for the signature of a treaty;
c) Reservations, acceptance of or objection to
reservations of foreign signatories, and statement with respect to a
multilateral treaty;
d) Responsibilities of the recommending agency, the
Ministry of Foreign Affairs and relevant entities;
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Article 16. Contents of the
proposal for signature of treaties
1. Necessity, requirements and purposes of the
proposal for signature of a treaty.
2. Main contents of a treaty.
3. Designation, form, the name under which the
treaty is signed, signing representative, language, entry into force, manner of
entry into force, duration of effect and temporary application of a treaty.
4. Rights and obligations arising from a treaty for
the Socialist Republic of Vietnam.
5. Assessment of compliance with principles
referred to in Article 3 hereof.
6. Recommendation on reservations, acceptance of or
objection to such reservations of foreign signatories, and statements with
respect to a multilateral treaty.
7. Assessment of direct application of the whole or
part of a treaty; decision or proposal to amend, denounce or issue legislative
documents for implementation of a treaty.
8. Contentious issues between the recommending
agency and any relevant agency or organization, or between Vietnam and any
foreign signatory, and suggestion for necessary actions to be taken.
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1. The proposal submitted by the recommending
agency as provided in Article 16 hereof.
2. Examination opinions from the Ministry of
Foreign Affairs, inspection opinions from the Ministry of Justice and opinions
from relevant entities; report on the responses to opinions from agencies or
organizations and suggestion for necessary actions; proposed plans for
implementation of treaties.
3. The report on assessment of political, national
defence, security, socio-economic and other impacts of treaties.
4. The report on compatibility of the treaty
proposed for conclusion with the treaty made in the same sector to which the
Socialist Republic of Vietnam is a party.
5. The report on conformity of provisions of a
treaty with those of Vietnamese laws.
6. The texts of a treaty.
Article 18. Responsibility of
the Ministry of Foreign Affairs for examining treaties
1. The Ministry of Foreign Affairs shall be
responsible for examining a treaty within 15 days of full receipt of required dossiers
referred to in Article 19 hereof or within 30 days where an Examination Council
is established in accordance with Clause 3 of this Article.
2. The followings shall be examined in a treaty:
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b) Assessment of conformity of provisions of a
treaty with fundamental principles of international laws;
c) Assessment of conformity of a treaty with
national, human interests and diplomatic policies of the Socialist Republic of
Vietnam;
d) Assessment of compatibility of the treaty
proposed for conclusion with the treaty made in the same sector to which the
Socialist Republic of Vietnam is a party;
dd) Designation, form, the name in which the treaty
is signed, level of authority to sign the treaty, language, entry into force
and wording techniques of a treaty;
e) The compliance with the order and procedures for
making recommendations on the signature of a treaty;
g) The consistency of the treaty text written in
Vietnamese language with the one written in any foreign language.
3. With respect to a treaty including important and
complex provisions, the Minister of Foreign Affairs shall establish an
Examination Council to examine that treaty.
An Examination Council for examination of a treaty
shall be composed of a representative from the Ministry of Foreign Affairs, the
Ministry of Justice and Government Office and other relevant entities.
Article 19. Dossiers submitted
to request examination of treaties
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2. The draft recommendation submitted to the
Government on signature of a treaty.
3. The report on compatibility of the treaty
proposed for conclusion with the treaty made in the same sector to which the
Socialist Republic of Vietnam is a party.
4. The report on assessment of political, national
defence, security, socio-economic and other impacts of treaties.
5. Opinions from relevant entities.
6. The texts of a treaty.
Article 20. Responsibility of
the Ministry of Justice for inspecting treaties
1. The Ministry of Justice shall be responsible for
examining a treaty within 20 days of full receipt of required dossiers referred
to in Article 21 hereof or within 60 days where an Examination Council is
established in accordance with Clause 3 of this Article.
2. The followings shall be inspected in a treaty:
a) The conformity with the Constitution;
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c) The possibility of direct application of the
whole or part of the treaty;
d) The requirements for amendment, supplementation,
denunciation or promulgation of legal documents for the implementation of the
treaty.
3. Where a treaty is proposed for conclusion by the
Ministry of Justice, a treaty proposed for conclusion is subject to contentious
opinions or a treaty contains important and complex provisions, the Minister of
Justice shall establish an Examination Council for examination of a treaty.
An Examination Council for examination of a treaty
shall be composed of a representative from the Ministry of Justice, the
Ministry of Foreign Affairs, Government Office and other relevant entities.
Article 21. Dossiers submitted
to request inspection of treaties
1. Dossiers submitted to request inspection of
treaties are composed of the followings:
a) The written request for inspection of a treaty
whereby those provided in Clause 2 Article 20 hereof are included;
b) The draft recommendation submitted to the
Government on signature of a treaty;
c) The report on assessment of conformity of
provisions of a treaty with those of Vietnamese laws;
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dd) The texts of a treaty.
2. 5 sets of dossiers submitted to request
inspection shall be required.
Section 3. FULL POWERS FOR
NEGOTIATION AND SIGNATURE OF TREATIES, CREDENTIALS FOR PARTICIPATION IN
INTERNATIONAL CONFERENCES
Article 22. Full powers and
credentials
1. The Head of negotiation delegation and the
person signing a treaty in the name of the State must be granted full powers in
the written form by the State President.
2. The Head of delegation for negotiation of a
treaty in the name of the Government must be granted full powers in the written
form by the Prime Minister. The person signing a treaty in the name of the
Government must be granted full powers in the written form by the Government.
3. The Head of delegation for participation in
international conferences must be granted credentials in the written form by
the Prime Minister.
Where there is a requirement subject to which
members of the Vietnam's delegation must participate in an international
conference in accordance with rules of such conference, the recommending agency
shall be responsible for making a request for that requirement for the Prime
Minister's consideration of making any decision.
4. The person granted full powers to negotiate,
sign a treaty, or the person granted credentials to participate in an
international conference, must be a leader of the recommending agency or the
one who is recommended to the competent authority for any decision to be made.
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6. Grant of certificate of full powers or
credentials shall be provided in Article 63 hereof.
Section 4. CONDUCT OF SIGNATURE
OF TREATIES
Article 23. Check and
comparison of the texts of treaties
Before initialling or signing a treaty, the
recommending agency shall coordinate with the Ministry of Foreign Affairs and
relevant authorities in checking and comparing the texts written in Vietnamese
language with the texts written in a foreign language to ensure correctness of
contents and uniformity of the form of the texts of the treaty.
Article 24. Signature of
treaties
1. The recommending
agencies shall have to coordinate with the Ministry of Foreign Affairs in
completing the signing procedures and finalizing the treaty texts, and
organizing the signing ceremonies of treaties in accordance with the agreement
with foreign signatories.
2. In cases where the competent authority has
decided to approve the signature of a treaty, however it is impossible to make
arrangements for signature of such treaty, the recommending agency shall
promptly report the case to the Government, suggesting measures and, at the
same time, notify the Ministry of Foreign Affairs thereof for coordination.
3. In cases where there are changes relating to the
name under which the treaty will be signed, rights and obligations of the
Vietnamese side, which contain provisions that contravene, or have not been
made in, laws or resolutions of the National Assembly or those in contravention
of ordinances or resolutions of the National Assembly Standing Committee, or
other fundamental changes in the text of the treaty the signing of which has
been approved by the competent authority, the recommending agency must
re-submit such treaty for consideration of signature as referred to in Section
2 of this Chapter.
4. The State President and the Government shall be
responsible for reporting to the National Assembly and the National Assembly
Standing Committee on the signature of treaties within the ratification
jurisdiction of the National Assembly.
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1. The recommending
agency shall have to coordinate with the Ministry of Foreign Affairs in
completing the signing procedures and finalizing the texts of treaties the
signing of which has been approved by competent state agencies during the
visits by high-level Vietnamese delegations to foreign countries or by
high-level foreign delegations to Vietnam.
2. The Ministry of Foreign Affairs shall assume the
prime responsibility for or coordinate the check and comparison of the final
texts of treaties, and coordinate with the foreign parties in organizing the
signing ceremonies of treaties during visits by high-level Vietnamese
delegations to foreign countries or by high-level foreign delegations to
Vietnam, unless otherwise agreed upon with foreign parties or otherwise decided
by competent state agencies.
Article 26. Responsibility to transmit texts of treaties after
their signing
1. Within 10 days from the date of signature of a
bilateral treaty in Vietnam or from the date of arrival of the delegation for
signature of treaties in foreign countries, the recommending agency shall be
responsible for providing the Ministry of Foreign Affairs with:
a) The original treaty text;
b) The Vietnamese translation, only if the treaty
is signed in a foreign language;
c) The electronic recording of contents of a treaty
in Vietnamese language or a foreign language;
d) Certificate of full powers or proof of the fact
that the representative of the foreign side has due competence in signing the
treaty.
2. In cases where
the head of a diplomatic mission or permanent representative mission of Vietnam
in an international organization signs a treaty, the person who signed the
treaty shall have to report and promptly transmit a copy of the signed treaty
to the Ministry of Foreign Affairs and send the original text of the treaty to
the recommending agency.
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3. The recommending agency shall have to send a
copy of a multilateral treaty, which has been authenticated, furnished or
disseminated by the depositary of the multilateral treaty, and a Vietnamese
translation of the treaty and an electronic medium of the contents of the text
of the treaty in the Vietnamese and foreign language(s) to the Ministry of
Foreign Affairs within 10 days from the date of signature of such treaty in
Vietnam or from the date of arrival of the delegation for signature of such
treaty.
Article 27. Exchange of
instruments constituting treaties
Exchanging instruments constituting treaties shall
be provided in Article 8 through Article 26 hereof.
Section 5. RATIFICATION OF
TREATIES
Article 28. Treaties subject
to ratification
1. Treaties that contain provisions that the
treaties are subject to ratification.
2. Treaties signed
in the name of the State.
3. Treaties signed in the name of the Government,
which contain provisions in contravention of laws or resolutions of the
National Assembly.
Article 29. Authority and
contents of the ratification instrument
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a) The treaty relates to wars, peace and national
sovereignty of the Socialist Republic of Vietnam;
b) The treaty relates to the establishment of,
participation in an international and regional organization where such
establishment of, participation in and withdrawal from that organization may
affect fundamental policies on diplomatic relations, national defence,
security, socio-economic development, finance and currency;
c) A treaty changes, limits or terminate human
rights, and substantive rights and obligations of citizens under laws and
resolutions of the National Assembly;
d) The treaty which contains provisions in
contravention of laws and resolutions of the National Assembly;
dd) The treaty is directly signed by the State
President with the Head of the other State.
2. The State President shall ratify treaties defined
in Article 28 hereof, except for those stated in Clause 1 of this Article.
3. The ratification instrument shall include the
following contents:
a) The designation, time and place of signature of
the treaty;
b) Contents of reservation, acceptance of or objection
to reservation(s) made by the foreign signatory, declaration with respect to a
multilateral treaty, and other necessary issues;
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d) Responsibilities of the recommending agency, the
Ministry of Foreign Affairs and relevant entities for completion of
ratification procedures and conduct of implementation of treaties;
dd) The full texts of treaties written in
Vietnamese language as Annexes. In cases where a treaty is signed only in a
foreign language(s), Annexes contain the full texts of that treaty written in
one of the languages used for signature and the Vietnamese translation of such
treaty.
Article 30. Recommendations on
ratification of treaties
1. The recommending
agency shall submit to the Government for further submission to the State
President the ratification of a treaty, after having obtained written opinions
from the Ministry of Foreign Affairs, the Ministry of Justice and relevant
entities.
2. The Government shall submit to the State President
for further submission to the National Assembly the ratification of the treaty
ratified by the National Assembly.
3. Authorities or organizations from which opinions
are requested as provided in Clause 1 of this Article shall be responsible for
making written replies within a period of 15 days of full receipt of the
written request for opinions.
Article 31. Dossiers submitted
for ratification of treaties
1. The recommending agency's written submission,
which contains the assessment of the impacts of the treaty on Vietnam,
recommendations on the ratification, time for ratification, reservations,
acceptance of or objection to the reservation(s) made by the foreign
signatories, declaration with respect to a multilateral treaty; recommendations
on the direct application of the whole or part of the treaty; recommendations
on amendment, supplementation, cancellation or promulgation of legal documents
for the implementation of the treaty.
2. Opinions from the Ministry of Foreign Affairs,
the Ministry of Justice and relevant entities; report on the responses to
opinions from agencies or organizations and suggestions for necessary actions;
the proposed plans for implementation of treaties.
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Article 32. Scope of
verification of treaties
1. The necessity of
ratification.
2. The observance of
the order and procedures for making recommendations on ratification.
3. The conformity
with the Constitution and the compatibility 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 requirement
for amendment, supplementation, cancellation 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. Authority to
verify treaties
The Foreign Affairs
Committee of the National Assembly shall assume the prime responsibility for
and coordinate with the Ethnic Council and other Committees of the National
Assembly in verification of treaties within the jurisdiction of the National
Assembly Standing Committee for ratification, decision on accession to or
termination of such treaties.
Article 34. Dossiers submitted
to request verification of treaties
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2. The explanatory report of the Government.
3. Documents referred to in Clause and 3 Article 31
hereof.
Article 35. Procedures for
verification of treaties
1. The Office of the State President shall
coordinate with the recommending agencies in submitting the dossiers of request
for verification of treaties to the agency assuming the prime verifying
responsibility for the period which is no later than 30 days before the date of
opening of the session of the National Assembly.
2. The agency assuming the prime verifying
responsibility shall convene meetings for the verification of treaties with the
participation of the verification-participating agencies and concerned agencies
and organizations within 15 days after the date of full receipt of the dossiers
of request for verification.
Article 36. Processes for the
National Assembly’s considering and ratifying treaties at its sessions
1. The State
President reports on the recommendation of the ratification of a treaty.
2. The representative of the Government or the
recommending agency other than the ministry, ministry-level agency or Governmental
body presents reports on the treaty.
3. The representative of the verifying agency
delivers verification reports.
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In the course of debate, the agency referred to 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 reports on the responses to opinions and the correction of the draft
resolution on ratification of treaties.
6. The National
Assembly votes to adopt a resolution on the ratification of the treaty.
Section 6. APPROVAL OF TREATIES
Article 37. Treaties subject
to approval
Unless falling within the ratification jurisdiction
of the National Assembly, the treaties listed below shall be subject to
approval:
1. The treaty signed in the name of the Government
which contains provisions stating that completion of approval or legal
procedures is required by each state to enter into force;
2. The treaty signed in the name of the Government
which contains provisions in contravention of legal documents adopted by the
Government.
Article 38. Approval-granting
authority and contents of the ratification instrument
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2. The approval instrument shall include contents
which are the same as those contained in the ratification instrument referred
to in Clause 3 Article 29 hereof.
Article 39. Recommendations on
approval of treaties
1. The recommending agency shall submit to the
Government the request for approval of a treaty, after having obtained written
opinions from the Ministry of Foreign Affairs, the Ministry of Justice and
relevant entities.
2. Authorities or organizations from which opinions
are requested as provided in Clause 1 of this Article shall be responsible for
making written replies within a period of 15 days of full receipt of the
written request for opinions.
Article 40. Dossiers submitted
to request approval of treaties
Dossiers submitted to request approval of treaties
include documents which are the same as those on ratification of treaties as
provided in Article 31 hereof.
Section 7. ACCESSION TO TREATIES
Article 41. Authority to make
recommendations on accession to treaties
1. The agencies referred to in Article 8 hereof
shall, subject to their duties, powers and requirements of international
cooperation, submit recommendations to the Government for its decision and for
further submission to the State President's consideration of decision or for
the State President’s further submission to the National Assembly for its decision
on accession to treaties under the authority stipulated in Clause 1, 2 and 3
Article 43 hereof.
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3. Authorities or organizations from which opinions
are requested as provided in Clause 2 of this Article shall be responsible for
making written replies within a period of 15 days of full receipt of the
written request for opinions.
4. Negotiation, signature, ratification and
approval of treaties for the purpose of accession to these treaties shall
conform to regulations laid down from Section 1 through Section 6 of this
Chapter.
Article 42. The National
Assembly Standing Committee's giving opinions on accession to treaties
1. Before making a decision on acceding to a treaty
that has its provisions which are inconsistent with or are not provided by any
law and resolution of the National Assembly, or has its provisions inconsistent
with any ordinance or resolution of the National Assembly Standing Committee,
or a treaty which is subject to amendment, denunciation, adoption of laws or
resolutions of the National Assembly, ordinances or resolutions of the National
Assembly Standing Committee, the authority in the exercise of authority to
decide to accede treaties provided in Clause 2 and 3 of Article 43 hereof shall
request the National Assembly Standing Committee for any opinion. This shall
not apply to the treaty subject to the jurisdiction of the National Assembly
for accession as provided in Clause 1 Article 43 hereof.
2. The Government shall make a decision on acceding
to the treaty, subject to opinions from The National Assembly Standing
Committee and the State President.
Article 43. Powers to grant
and contents of the decision on accession to treaties
1. The National Assembly shall decide to accede to
the treaties stated in Point a, b, c and d Clause 1 Article 29 hereof.
2. The State President shall decide to accede to
the treaties stated in Clause 2 Article 29 hereof.
3. The Government shall decide to accede to
treaties in the name of the Government, except for the cases referred to in
Clause 1 and 2 of this Article.
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Article 44. Processes and
procedures for the National Assembly’s making its decision on accession to
treaties
Processes and procedures for the National
Assembly’s making its decision on accession to treaties shall be the same as
those on ratification of treaties referred to in Articles 32, 33, 34, 35 and 36
hereof.
Article 45. Dossiers submitted
for the accession to treaties
1. The recommending
agency's submitted report on the accession with the contents specified in
Article 16 hereof.
2. Examination opinions from the Ministry of
Foreign Affairs, inspection opinions from the Ministry of Justice and opinions
from relevant entities; report on the responses to opinions from agencies or
organizations; proposed plans for implementation of treaties.
3. The texts of a treaty.
4. The list of parties to the treaty, instruments
on amendments, supplements to the treaty, reservations, acceptance of or
objection to reservations, declarations made by the foreign signatories with
respect to the treaty, legal procedures required for, and other necessary
information relating to, the accession to the treaty.
Article 46. Responsibility to
send the texts of treaties upon receipt of the decision on accession
The recommending agency shall have to send the
texts of the treaty which has been authenticated, furnished or disseminated by
the depositary of the multilateral treaty, and a Vietnamese translation of the
treaty and an electronic medium of the contents of the text of the treaty in
the Vietnamese and foreign language(s) to the Ministry of Foreign Affairs
within 15 days of receipt of the decision on accession to such from the
competent authorities.
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RESERVATIONS TO TREATIES
Article 47. Reservations made
by the Socialist Republic of Vietnam
The competent authority deciding to sign, ratify,
approve or accede to treaties shall exercise the right to decide reservations
of the Socialist Republic of Vietnam made to treaties.
Article 48. Acceptance of or
objection to reservations made by foreign signatories
1. The recommending agency shall clearly state the
requirement and the contents of the acceptance of or objection to reservations
made by the foreign signatories; the proposed time to express acceptance or
objection to such reservations and the legal consequences of such acceptance or
objection in its submitted report to the Government on the signature,
ratification, approval of or accession to a treaty which permits reservations
and stipulates that reservations are subject to acceptance of reservations made
by the treaty signatories.
2. In cases where a foreign signatory makes a
reservation to a treaty after the recommending agency submits a report to the
Government on the signature, ratification, approval or accession to the treaty,
the Ministry of Foreign Affairs shall notify the recommending agency promptly
after obtaining information about the foreign signatory's making reservations
to the treaty. The recommending agency shall have to additionally submit the
recommendation on the acceptance of or objection to such reservation, after
obtaining written opinions from the Ministry of Foreign Affairs, the Ministry
of Justice and concerned agencies and organizations.
3. A dossier submitted by the recommending agency
on the additional recommendation on the acceptance of or objection to a
reservation as provided for in Clause 2 of this Article shall comprise:
a) The recommending agency's submitted report with
the contents specified in Clause 1 of this Article;
b) The treaty texts;
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Article 49. Authority to
decide the acceptance of or objection to reservations made by foreign
signatories
1. The National
Assembly shall decide to accept or object to reservations made by foreign
signatories with respect to the treaty of or to which the National Assembly has
decided the ratification or accession.
2. The State
President shall decide to accept or object to reservations made by foreign
signatories with respect to the treaty of and to which the State President has
decided the signature, ratification or accession.
3. The Government shall decide to accept or object
to reservations made by foreign signatories with respect to the treaty of or to
which the National Assembly has decided the signature, ratification or
accession.
4. Acceptance of or objection to reservations made
by foreign signatories must be expressed in a written form.
Article 50. Processes and
procedures for deciding the acceptance of or objection to reservations made by
foreign signatories
1. The National Assembly shall decide to accept or
object to reservations made by foreign signatories with respect to the treaty
upon deciding on the ratification or accession to that treaty or after the
receipt of the supplementary submitted report on the acceptance of or objection
to the reservations in accordance with the similar processes and procedures set
forth in Article 36 hereof.
2. The State
President or the Government shall decide to accept or object to reservations made
by foreign signatories with respect to the treaty upon deciding on the
signature, ratification, approval of or accession to that treaty or after
obtaining the additional submitted report on the acceptance of or objection to
such reservations.
Article 51. Withdrawal of
reservations or withdrawal of objection to reservations
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2. The Government shall submit to the State
President for further submission to the National Assembly the decision on withdrawal
of reservations or withdrawal of objection to reservations with respect to any
reservations or objection to reservations subject to the National Assembly’s
decision. Processes and procedures for withdrawal of reservations or withdrawal
of objection to reservations shall be similar to those stated in Article 36
hereof.
3. The Government shall submit to the State
President the decision on withdrawal of reservations or withdrawal of objection
to reservations with respect to reservations or objection to reservations
subject to the State President's decision.
4. The Government shall decide withdrawal of
reservations or withdrawal of objection to reservations with respect to
reservations or objection to reservations subject to the Government’s decision.
5. Withdrawal of reservations or objection to
reservations must be expressed in a written form.
6. Dossiers submitted for withdrawal of
reservations or withdrawal of objection to reservations shall comprise:
a) The submitted report on withdrawal of reservations
or withdrawal of objection to reservations, and legal consequences resulting
therefrom;
b) The treaty texts;
c) Opinions from the Ministry of Foreign Affairs,
the Ministry of Justice and relevant entities.
Chapter IV
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Article 52. Entry into force
of treaties
A treaty shall enter
into force for the Socialist Republic of Vietnam under the provisions of that
treaty or as agreed upon between the Vietnamese side and the foreign signatories.
Article 53. Provisional
application of treaties
1. A treaty or part of a treaty may be
provisionally applied during the period of 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 signatories.
2. The provisional application of a treaty shall be
terminated if the Vietnamese side notifies the foreign signatories, or the
foreign signatories notify the Vietnamese side, of the termination of the
provisional application of the treaty, unless otherwise provided for in the
treaty or agreed upon between the Vietnamese side and the foreign signatories.
3. Competent
authorities deciding the signature of a treaty may decide to apply the
provisional application and terminate the provisional application of the
treaty.
4. Submitted dossiers for termination of the
provisional application of a treaty shall be similar to those referred to in
Article 16 and Article 17 hereof.
Article 54. Amendment to,
supplementation and extension of treaties
1. Treaties may be
amended, supplemented or extended as provided for in the treaties or as agreed
upon between the Vietnamese side and the foreign signatories.
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3. Authority to decide amendment to,
supplementation or extension of treaties shall be defined hereunder in the
event that a new treaty is not signed for the purpose of amendment to,
supplementation or extension of the current treaty:
a) The National Assembly shall decide to amend,
supplement or extend treaties which were ratified by the National Assembly, or
acceded to under the National Assembly’s decision;
b) The State President shall decide to amend,
supplement or extend treaties which were ratified by the State President, or
acceded to under the State President’s decision;
c) The Government shall decide to amend, supplement
or extend treaties which were approved, acceded to or signed under the
Government’s decision, other than the ratification or approval.
4. The instrument of decision on amendment to,
supplementation or extension of treaties includes the following contents:
a) The designation, time and place of signature and
the date of entry into force of the amended, supplemented or extended treaty;
b) The contents of amendment, supplementation or
the duration for which the treaty is extended;
c) The responsibilities assumed by the recommending
agency, the Ministry of Foreign Affairs and other concerned agencies and
organizations.
5. Processes and
procedures for deciding amendment, supplementation or extension of treaties
shall be described as follows:
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b) The Government shall decide any amendment to,
supplementation or extension of treaties as provided in Point c Clause 3 of
this Article; submit to the State President the decision on amendment to,
supplementation and extension of treaties as prescribed in Point b Clause 3 of
this Article;
c) The State President shall decide any amendment
to, supplementation or extension of treaties as provided in Point b Clause 3 of
this Article; submit to the National Assembly the decision on amendment to,
supplementation and extension of treaties as prescribed in Point a Clause 3 of
this Article;
d) The National Assembly shall decide any amendment
to, supplementation or extension of treaties as provided in Point a Clause 3 of
this Article in accordance with the processes, procedures which are similar to
those for ratification of treaties referred to in Articles 32, 33, 34, 35 and
36 hereof.
6. Dossiers submitted for amendment to,
supplementation or extension of treaties shall be defined hereunder in the
event that a new treaty is not signed for the purpose of amendment to, supplementation
or extension of the current treaty:
a) The submitted report of the recommending agency
which clearly states purposes, requirements and legal bases as well as legal
consequences of amendment, supplementation and extension.
b) Opinions from the Ministry of Foreign Affairs,
the Ministry of Justice and relevant entities; report on the responses to
opinions from agencies or organizations and suggestion of necessary actions;
c) The treaty text;
d) Recommendations on amendment, supplementation or
extension made by foreign signatories or relevant authorities of Vietnam.
Article 55. Termination,
denunciation, withdrawal from and suspension of operation of treaties
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2. Authority to decide the termination,
denunciation, withdrawal from and suspension of operation of treaties shall be
provided for as follows:
a) The National Assembly shall decide to terminate,
denounce, withdraw from or suspend operation of the treaty which was ratified
by the National Assembly or acceded to under its decision.
In certain cases, the State President or the
Government may decide suspension of the operation of the treaty signed under
the decision of the State President or the Government, and ratified by the
National Assembly, and then report to the National Assembly at its subsequent
session;
b) The State President shall decide to terminate,
denounce, withdraw from or suspend operation of the treaty which was ratified
by the State President or acceded to under his decision;
a) The Government shall decide to terminate,
denounce, withdraw from or suspend operation of the treaty which was approved,
acceded to or signed under his decision, other than the ratification or
approval.
3. The instrument of decision on termination,
denunciation, withdrawal from and suspension of operation of treaties shall
include the following contents:
a) The designation of the treaty subject to
termination, denunciation, withdrawal or suspension of operation; time, place
of signature and the period of entry into force of the treaty;
c) The responsibilities assumed by the recommending
agency, the Ministry of Foreign Affairs and other concerned agencies and
organizations.
4. Dossiers submitted, processes and procedures for
the decision on termination, denunciation, withdrawal from, suspension of
operation of treaties shall be similar to those for the decision on amendment
to, supplementation or extension of treaties stated in Clause 5 and 6 Article
54 hereof.
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The Ministry of Foreign Affairs shall notify
relevant entities of the followings:
1. Date of entry into force of a treaty within 10
days from the date of receipt of information about the entry into force of the
treaty for the Socialist Republic of Vietnam;
2. Date of entry into force of a declaration on
reservations made by the Socialist Republic of Vietnam, acceptance of or
objection to reservations made by the foreign signatories, or withdrawal of
reservations or objection to reservations for a multilateral treaty, within 10
days from the date of receipt of notification sent by the depositary of
multilateral treaties;
3. Date of termination of provisional application
of treaties; amendment to, supplementation or extension of treaties,
termination, denunciation, withdrawal from or suspension of operation of
treaties within the period of 10 days from the entry into force of provisional
termination, amendment to, supplementation, extension, termination,
denunciation, withdrawal from or suspension of implementation of treaties.
Chapter V
DEPOSIT, CUSTODY,
CERTIFIED COPYING AND PUBLICATION OF TREATIES
Article 57. Deposit of
multilateral treaties
The Ministry of
Foreign Affairs shall perform the functions of a depositary of a multilateral treaty
in case the Socialist Republic of Vietnam is designated as the depositary of
such multilateral treaty.
Article 58. Custody of
treaties
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2. The recommending agency shall have to send the
Ministry of Foreign Affairs the original texts, certified copies and Vietnamese
translations of treaties, full powers for negotiation or conclusion of treaties
for the foreign side within a permitted period referred to in Article 26 and 46
hereof.
Article 59. Certified copying
of treaties
1. The Ministry of Foreign Affairs shall make
certified copies of treaties in force and send them to the National Assembly,
the State President and the Government for report, or to concerned agencies and
organizations for implementation, or to the Official Gazette, within fifteen
days after the date of receipt of the original text of a bilateral treaty and
information about the entry into force of such treaty.
2. The Ministry of Foreign Affairs shall make
certified copies of treaties into force and send them to the National Assembly,
the State President and the Government for report, or to concerned agencies and
organizations for implementation, or to the Official Gazette, within fifteen
days after the date of receipt of the copies of a multilateral treaty
authenticated by the depositary and notification issued by the depositary of
multilateral treaties in relation to the entry into force of a multilateral
treaty for the Socialist Republic of Vietnam.
Article 60. Publication of
treaties
1. Treaties which
have entered into force for the Socialist Republic of Vietnam shall be published
in the Official Gazette of the Socialist Republic of Vietnam and the Electronic
Information Portal of the recommending agency, unless otherwise agreed between
the Vietnamese side and the foreign signatories or otherwise decided by
competent authorities.
Where there is a request that a treaty is not
published, the recommending agency shall submit such request to the Prime
Minister for his decision after obtaining written opinions from the Ministry of
Foreign Affairs, the Ministry of Justice and relevant entities. The
recommending agency shall be responsible for giving the notification of duties
to be performed to agencies, organizations or individuals directly involved in
implementing relevant provisions of treaties.
2. Treaties shall be published on the Official
Gazette of the Socialist Republic of Vietnam within 15 days from the date of
receipt of the copies of the treaty in force sent by the Ministry of Foreign
Affairs.
3. The recommending agency shall publish treaties
on its Electronic Information Portal within a period of 05 days from receipt of
the copies of such treaties in force sent by the Ministry of Foreign Affairs.
Where a treaty is only signed in a foreign language, a Vietnamese translation
of the treaty must be also published.
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Article 61. Grant of certified
copies of treaties
The Ministry of Foreign Affairs shall grant copies
of treaties to which the Socialist Republic of Vietnam is a party, which is
kept in custody or deposited by the Ministry of Foreign, to agencies,
organizations or individuals in accordance with relevant laws.
Article 62. Database of
treaties
The Ministry of Foreign Affairs shall have preside
over or coordinate with relevant agencies or organizations in development and
operation of the treaty-related Database of the Socialist Republic of Vietnam.
The full texts of treaties, or information about
the entry into force thereof, which are published in accordance with Clause 1
Article 60 hereof, shall be published on the treaty-related Database of the
Socialist Republic of Vietnam.
Chapter VI
DIPLOMATIC PROCEDURES
Article 63. Grant of
certificate of full powers and credentials
1. The Ministry of Foreign Affairs shall grant the
certificate of full powers for negotiation, conclusion of treaties, or the
credential for participation in treaties under the decision made in a written
form by the competent authority.
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3. In cases where a decision on authorization or
mandate does not specify the person authorized or mandated and the full
designation of the treaty in the Vietnamese and foreign language(s), no later
than 05 days before the date of commence of the negotiation or signature of a
treaty or participation in an international conference, the recommending agency
shall have to notify in writing the Ministry of Foreign Affairs of the said
information for the completion of the procedures for grant of the certificate
of Full Powers or Credentials.
4. The recommending agency shall have to submit in
a timely manner to the State President or the Government and the Prime Minister
for decision any changes relating to the persons authorized or mandated; the
Ministry of Foreign Affairs shall complete diplomatic procedures for granting
the certificate of Full Powers or Credentials under the provisions of Clauses
1, 2 and 3 of this Article the decision made by the State President, the
Government or the Prime Minister.
Article 64. Diplomatic
procedures for ratification, approval of and accession to treaties
1. The Ministry of Foreign Affairs shall notify the
foreign signatories or the depositary of multilateral treaties of the
ratification, approval of and accession to treaties within 15 days of receipt
of the instrument adopted by the National Assembly, the State President and the
Government on the ratification, approval of or decision on accession to
treaties.
2. The State President shall sign the instrument of
ratification of a bilateral treaty. Contents of the instrument of ratification
of a bilateral treaty include the designation, time and place of signature of
that treaty and other necessary contents.
The Ministry of Foreign Affairs shall cooperate
with the recommending agency in implementation of procedures for exchanging
instruments with the foreign signatories in the event that a bilateral treaty
has provisions or arrangements with the foreign signatories on completion of
procedures for completion of procedures for exchanging the instrument of
ratification for the entry into force of that treaty.
3. The Minister of Foreign Affairs shall sign the
instrument of ratification, approval of or accession to multilateral treaties
delivered to the depositary of multilateral treaties.
Article 65. Diplomatic
procedures for keeping custody of treaties
1. The Ministry of Foreign Affairs shall cooperate
with the recommending agency in notifying the depositary of custody assigned to
the Socialist Republic of Vietnam when signing such treaties.
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3. The Minister of Foreign Affairs shall sign the
diplomatic notification with regard to deposit of treaties with the Socialist
Republic of Vietnam, acceptance of or objection to reservations made by the
foreign signatories, withdrawal of reservations, or withdrawal of objection to
reservations, to the depositary of treaties.
Article 66. Diplomatic
procedures for termination of provisional application of treaties
The Ministry of Foreign Affairs shall notify the
foreign signatories of the decision made by the Vietnamese side concerning the
termination of provisional application of treaties, or the response made by the
Vietnamese side to the decision of the foreign signatory on the termination of
provisional application of treaties within a period of 15 days of receipt of
the decision granted by the competent authorities.
Article 67. Diplomatic
procedures for amendment to, supplementation and extension of treaties
1. The Ministry of Foreign Affairs shall coordinate
with the recommending agency in notifying the foreign signatories of any
amendment to, supplementation or extension of treaties within 15 days of
receipt of the decision granted by the competent authority on amendment to,
supplementation or extension of such treaties.
2. Where the recommending agency directly notifies
the foreign signatory, the Ministry of Foreign Affairs must be informed of the
result immediately after receipt of information about the entry into force of
the amendment, supplementation and extension of treaties.
Article 68. Diplomatic
procedures for termination, denunciation, withdrawal from and suspension of
operation of treaties
1. The Ministry of Foreign Affairs shall cooperate
with the recommending agency in notifying the foreign signatory of termination,
denunciation, withdrawal from or suspension of operation of a bilateral treaty
which the Socialist Republic of Vietnam has concluded.
2. The Minister of Foreign Affairs shall sign the
notification of termination, denunciation, withdrawal from or suspension of
operation of a multilateral treaty to the depositary of multilateral treaties.
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Where it is necessary for registration of treaties,
the Ministry of Foreign Affairs shall register the treaty to which the
Socialist Republic of Vietnam is a party with the United Nations’ Secretariat.
Chapter VII
SIMPLIFIED PROCESSES AND
PROCEDURES
Article 70. Application of
simplified processes and procedures
1. Simplified processes and procedures for
negotiation, signature, amendment, supplementation and extension of a treaty
shall be implemented as provided in this Chapter.
2. Simplified processes and procedures for
negotiation, signature, amendment, supplementation and extension of a treaty
under the authority to ratify, decide to accede to or terminate treaties of the
National Assembly shall not be applied.
3. Simplified processes and procedures for
negotiation, signature, amendment, supplementation and extension of a treaty on
foreign borrowing in the name of the Government shall be implemented as provided
in laws and regulations on public debt management.
Article 71. Simultaneous
proposal for negotiation and signature of treaties
Where the recommending agency has determined
contents and gathered materials in an adequate manner in the proposal for signature
of treaties in accordance with Article 17 hereof before negotiation, proposal
for negotiation and signature of a treaty may occur at the same time.
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1. The simplified processes and procedures shall be
applied to negotiation and signature of treaties in the following cases:
a) A treaty is subject to the form stipulated in
the treaty between the Socialist Republic of Vietnam and the same foreign
signatory or the form approved by the competent authority;
b) The application of such processes and procedures
is subject to the decision granted by the competent authority.
2. The simplified processes and procedures for negotiation
and signature of treaties shall be implemented as follows:
a) Authorities or organizations from which opinions
are requested as provided in Point c Clause 1 Article 9 hereof shall be
responsible for making written replies within a period of 05 days of full
receipt of the written request for opinions;
b) Authorities or organizations from which opinions
are requested as provided in Clause 2 Article 13 hereof, inspection and
verification agency shall be responsible for making written replies within a
period of 05 days of full receipt of the written request for opinions,
inspection or verification;
c) The request dossier for inspection of a treaty
shall be composed of documents provided for in Clauses 1, 2, 5 and 6 Article 19
hereof;
d) The request dossier for verification of a treaty
shall be composed of documents provided for in Points a, b, d and dd Clause 1
Article 21 hereof;
dd) The report dossier submitted for signature of a
treaty shall be composed of documents provided for in Clauses 1, 2 and 6
Article 17 hereof;
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Article 73. Amendment and
supplementation of treaties under the simplified processes and procedures
1. With regard to any amendment or supplementation
of treaties is purely technical and where a new treaty is not signed to amend
or supplement an existing treaty, the recommending agency shall not be required
to request opinions from relevant agencies or organizations as provided in
Point a Clause 5 Article 54 hereof before submission to the Government. In the
event that requesting opinions is allowed, the agency from which opinions are
requested shall be responsible for making written replies within a period of 05
days of full receipt of the request dossier for opinions.
2. Where a treaty has provided for the authority
designated to amend or supplement a treaty, that authority shall make its
decision on amending or supplementing such treaty, unless otherwise decided by
the agency competent in making a decision on consent to be bound by such
treaty.
3. When the situation mentioned in Clause 2 of this
Article happens, the authority competent in deciding to amend or supplement
treaties shall promptly notify the Ministry of Foreign Affairs and relevant
authorities of amended or supplemented contents.
4. The request dossier for amendment to or
supplementation of treaties under the simplified processes or procedures shall
be composed of documents provided for in Clause 6 Article 54 hereof, except for
opinions from relevant agencies or organizations.
Article 74. Extension of
treaties under the simplified procedures and processes
1. With regard to any amendment or supplementation
of treaties is purely technical, the recommending agency shall be required to
request opinions from relevant agencies or organizations as provided in Point a
Clause 5 Article 54 hereof.
2. The request dossier for extension of treaties
under the simplified processes or procedures shall be composed of documents
provided for in Clause 6 Article 54 hereof, except for opinions from relevant
agencies or organizations.
Article 75. Refusal to apply
simplified processes and procedures
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Chapter VIII
CONDUCT OF
IMPLEMENTATION OF TREATIES
Article 76. Plan for
implementation of treaties
1. The Prime Minister shall be responsible for
conducting implementation of treaties to which the Socialist Republic of
Vietnam is a party, approving the implementation plan and deciding directive
measures or other measures to implement treaties.
2. After obtaining opinions from relevant agencies
or organizations, the recommending agency shall take into consideration the
nature and contents of a treaty, its duties and powers to develop the plan for
implementation of treaties for submission to the Prime Minister within a period
of 15 days of receipt of the notification of the entry into force of that
treaty from the Ministry of Foreign Affairs.
3. Where the recommending agency is in charge of
implementing a treaty, the recommending agency shall be subject to the Prime
Minister's decision on the in-charge agency within a period of 15 days from the
date on which the competent authority decided consent to be bound by such treaty.
The in-charge agency shall be responsible for
performing duties assigned to the recommending agency as provided in Clause 2
and 5 of this Article, Article 79 and 80 hereof.
4. A plan for
implementation of a treaty shall contain the following contents:
a) The implementation schedule;
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c) Recommendations on amendment, supplementation, cancellation
or promulgation of legal documents for the implementation of the treaty;
d) Measures of conduct, management, financing and
other necessary measures for the implementation of the treaty;
dd) Communication and dissemination of treaties.
5. After the plan for implementation of a treaty is
approved, the recommending agency and relevant authority or organization shall,
within their functions and powers, take responsibility for commencing the
execution of such plan.
Article 77. Responsibility of
the Ministry of Foreign Affairs for implementing treaties
1. Monitor and expedite implementation of the
treaty to which the Socialist Republic of Vietnam is a party.
2. Take charge of or cooperate in implementing
necessary measures to protect rights and interests of the Socialist Republic of
Vietnam in the event that the foreign signatory breaches the treaty.
3. Report to the Government and the Prime Minister
in a periodically annual basis or upon request; submit the review report to the
State President upon request on implementation of the treaty.
Report to the Government for submission to the
National Assembly on the conclusion and implementation of treaties on a
periodically annual basis or upon the request of the National Assembly.
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5. Carry out the statistical examination and review
of the treaty to which the Socialist Republic of Vietnam is a party.
Article 78. Responsibility of
the Ministry of Justice for implementing treaties
1. Expedite construction, submission for adoption,
amendment, supplementation, or denunciation, of legal documents for the
implementation of the treaty.
2. Verify the conformity of legislative document
with the treaty to which the Socialist Republic of Vietnam is a party.
Article 79. Responsibility of
the recommending agency for implementing treaties
1. Develop the specific schedule and measure for
implementation of treaties in force for the Socialist Republic of Vietnam
proposed for conclusion by the recommending agency.
2. Recommend or adopt, amend, supplement or
denounce legislative documents for implementation of treaties in force for the
Socialist Republic of Vietnam proposed for conclusion by the recommending
agency.
3. Recommend the Prime Minister or act on their own
behalf to take directive or regulatory measures or other measures to implement
treaties proposed for conclusion by the recommending agency.
4. Take charge of or cooperate in conducting
communication or dissemination of the treaty in force for the Socialist
Republic of Vietnam proposed for conclusion by the recommending agency.
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6. Prepare the review report on conclusion and
implementation of the treaty under the management authority of the recommending
agency for submission to the Ministry of Foreign Affairs for the purpose of
consolidation for submission to the Prime Minister no later than the 15th November
each year. The report shall be prepared by the recommending agency by
using the form adopted by the Ministry of Foreign Affairs.
Upon request, the recommending agency shall report
to the State President and the Government on results of conclusion and
implementation of treaties.
7. Take charge of or cooperate with the Ministry of
Foreign Affairs, the Ministry of Justice and relevant entities in recommending
the Prime Minister to decide the interpretation and application of provisions
of treaties where there is any contentious interpretation and application of
such provisions.
Article 80. Responsibility of
agencies, organizations and individuals
1. The Supreme People’s Court, the Supreme People’s
Procuracy, the State Audit, Ministries, Ministry-level agencies, the People's
Committees of centrally-affiliated cities or provinces shall, to the extent of
their respective legally-established duties and powers, take charge of or
cooperate with the recommending agency in implementation of treaties to which
the Socialist Republic of Vietnam is a party.
2. Agencies, organizations or individuals shall be
responsible for compliance with the treaty to which the Socialist Republic of
Vietnam is a party.
Chapter IX
STATE MANAGEMENT OF
TREATIES
Article 81. Tasks of state
management of treaties
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2. Conduct and guarantee implementation of the
treaty to which the Socialist Republic of Vietnam is a party.
3. Communicate and disseminate the treaty to which
the Socialist Republic of Vietnam is a party.
4. Communicate, disseminate and provide guidance on
enforcement of the law on treaties.
5. Deposit, keep custody and provide certified copy
of, and publish and register treaties.
6. Enumerate and review treaties.
7. Set up the long-term and annual plan for
conclusion and implementation of treaties.
8. Report on issues in connection with conclusion
and implementation of treaties.
9. Conduct examination and inspection of, and
provide rewards and impose penalties for violations against laws and
regulations on treaties.
10. Settle complaints and accusations in relation
to conclusion and implementation of treaties.
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Article 82. Authority in the
exercise of state management of treaties
1. The Government shall exercise the consistent
state management in relation to treaties.
2. The Ministry of Foreign Affairs shall be
accountable to the Government in the exercise of the state management in
relation to treaties.
3. Ministries, Ministry-level agencies, People’s
Committees of centrally-affiliated cities and provinces shall, within their
respective functions and powers, cooperate with the Ministry of Foreign Affairs
in the exercise of treaty-related state management.
Article 83. Budget for
treaty-related work
1. The State shall provide budget for conclusion
and implementation of treaties.
2. The Government shall specify this Article.
Chapter X
ENFORCEMENT PROVISIONS
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1. This Law shall enter into force from July 1,
2016.
2. The Law on conclusion, accession to and
implementation of treaties No. 41/2005/QH11 shall be abolished from the entry
into force 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.
THE NATIONAL
ASSEMBLY’S CHAIRWOMAN
Nguyen Thi Kim Ngan