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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 64/2021/ND-CP
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Hanoi, June 30,
2021
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DECREE
ON
CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE NAME OF
GENERAL DEPARTMENTS, DEPARTMENTS AFFILIATED TO MINISTRY, MINISTERIAL-LEVEL
AGENCIES; SPECIALIZED AGENCIES AFFILIATED TO PROVINCE-LEVEL PEOPLE'S
COMMITTEES; DISTRICT-LEVEL PEOPLE'S COMMITTEES; BORDER COMMUNE-LEVEL PEOPLE'S
COMMITTEES; PROVINCIAL AGENCIES OF ORGANIZATIONS
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Organization of Local
Governments dated June 19, 2015;
Pursuant to Law on amendments to the Law on
Organization of Government and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to the Law on International Agreements
dated November 13, 2020;
At the request of the Minister of Foreign
Affairs;
The Government promulgates a Decree on
conclusion and implementation of international agreements in the name of the
general departments, departments affiliated to ministry, ministerial-level
agencies; specialized agencies affiliated to province-level People's
Committees; district-level People's Committees; border commune-level People's
Committees; provincial agencies of organizations.
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GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates clause 3 Article 20 and
clause 2 Article 23 of the Law on International Agreements on conclusion and implementation
of international agreements in the name of the general departments, departments
affiliated to ministry, ministerial-level agencies; specialized agencies
affiliated to province-level People's Committees; district-level People's
Committees; border commune-level People's Committees; provincial agencies of
organizations (hereinafter referred to as affiliated entities).
Article 2. Regulated entities
1. This Decree shall apply to the conclusion and
implementation of international agreements in the name of the following
agencies and organizations:
a) General departments, departments affiliated to
ministry, ministerial-level agencies (hereinafter referred to as
department-level agencies);
b) Specialized agencies affiliated to the People's
Committees of provinces and central-affiliated cities (hereinafter referred to
as province-level agencies);
c) People's Committees of districts, towns, cities
affiliated to provinces and central-affiliated cities (hereinafter referred to
as district-level People's Committees);
d) People's Committees of communes, wards and
townships in border areas in accordance with the law on border areas
(hereinafter referred to as border commune-level People's Committees);
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2. Relevant agencies, organizations, and
individuals.
3. The entities specified at Point a, Clause 1 of
this Article do not include agencies and units in the People's Army and
People's Public Security.
Chapter II.
CONTENTS OF AND
PROCEDURES FOR CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF AFFILIATED
ENTITIES
Article 3. Contents of international
agreements concluded in the name of affiliated entities
1. An international agreement is expressed in
writing, stating the intention to cooperate through specific activities within
the functions, tasks, and powers of that affiliated entity. An
international agreement must have the following main contents:
a) The title of the document;
b) Names of the contracting parties;
c) Field, content and mode of cooperation;
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dd) Date of signing, place of signing, language of
signing;
e) Full name and title of the signatory
representative.
2. An international agreement may have other
contents such as mechanism for communication, confidentiality, costs, dispute
settlement, amendments to, renewal, and termination of the international
agreement.
3. The content of an international agreement must
show that such international agreement is not legally binding.
4. The content of an international agreement in the
name of the border commune-level People's Committee must comply with the
provisions of Clause 6, Article 3 of the Law on International Agreements.
5. The content of an international agreement in the
name of a provincial agency of organization must be consistent with the guiding
principles, objectives, field, and scope of such organization.
Article 4. Procedures for
conclusion of international agreements in the name of department-level agencies
1. Before conclusion of an international agreement,
the department-level agency shall seek written consultation from the agency
which gives advice on foreign affairs and international cooperation
(hereinafter referred to as international cooperation contact point) and
organizations affiliated to the Ministries and ministerial-level agencies that
are directly relevant to this international agreement.
2. The consulting entities shall, as established in
clause 1 hereof, respond in writing within 7 working days after receiving a
duly completed proposal specified in Article 11 of this Decree.
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4. The General Director, Director shall proceed to
sign or authorize another person to sign the international agreement
5. After signing the international agreement, the
department-level agency shall report in writing to the Minister or the head of
ministerial-level agency and send a copy of the international agreement to the
international cooperation contact point within 15 days from the date on which
the international agreement is signed.
Article 5. Procedures for
conclusion of international agreements in the name of province-level agencies
1. Before conclusion of an international agreement,
the province-level agency shall seek written consultation from the agency which
gives advice on foreign affairs affiliated to the province-level People’s
Committee (hereinafter referred to as foreign affairs agency) and
province-level organizations that are directly relevant to this international
agreement and relevant agencies.
2. The consulting entities shall, as established in
clause 1 hereof, respond in writing within 7 working days after receiving a
duly completed proposal specified in Article 11 of this Decree.
3. The province-level agency shall consolidate,
explain, and receive opinions and send a proposal for concluding the
international agreement to the provincial foreign affairs agency to seek the
decision from the President of province-level People’s Committee.
4. The President of province-level People’s
Committee shall decide whether to conclude the international agreement in
writing within 5 working days after receiving a duly completed proposal as
prescribed in Article 12 hereof.
5. The head of the province-level agency shall sign
or authorize another person in writing to sign the international agreement.
6. After signing the international agreement, the
province-level agency shall report in writing to the President of
province-level People's Committee and concurrently send a copy of the
international agreement to the provincial foreign affairs agency for
notification within 15 days from the date on which the international agreement
is signed.
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1. Before conclusion of an international agreement,
the district-level agency shall seek written consultation from the provincial
foreign affair agency and province-level organizations that are directly
relevant to this international agreement and relevant agencies.
2. The consulting entities shall, as established in
clause 1 hereof, respond in writing within 7 working days after receiving a
duly completed proposal specified in Article 11 of this Decree.
3. The district-level agency shall consolidate,
explain, and receive opinions and send a proposal for concluding the
international agreement to the provincial foreign affairs agency to seek the
decision from the President of province-level People’s Committee.
4. The President of province-level People’s
Committee shall decide whether to conclude the international agreement in
writing within 5 working days after receiving a duly completed proposal as
prescribed in Article 12 hereof.
5. The President of People’s Committee of district
shall sign or authorize another person in writing to sign the international
agreement.
6. After signing the international agreement, the
district-level agency shall report in writing to the President of
province-level People's Committee and concurrently send a copy of the
international agreement to the provincial foreign affairs agency for
notification within 15 days from the date on which the international agreement
is signed.
Article 7. Procedures for
conclusion of international agreements in the name of border commune-level
agencies
1. Before conclusion of an international agreement,
the border commune-level People’s Committee shall seek consultation in writing
from the district-level People’s Committee.
2. Within 7 working days after receiving a duly
completed proposal specified in Article 11 of this Decree, the district-level
People’s Committee shall seek consultation in writing and send a proposal for
conclusion of the international agreement to the provincial foreign affairs
agency.
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4. The consulting entities specified in clause 3
hereof shall respond in writing within 7 working days after receiving a written
consultation request from the provincial foreign affairs agency for conclusion
of the international agreement in the name of the border commune-level People’s
Committee.
5. The President of People’s Committee of province
shall decide whether to conclude the international agreement in the name of the
border commune-level People’s Committee within 5 working days after receiving a
duly completed proposal from the foreign affairs agency as prescribed in
Article 12 hereof.
6. The President of border commune-level People’s
Committee shall sign or authorize another person in writing to sign the
international agreement.
7. After signing the international agreement, the
border commune-level People’s Committee shall report in writing to the
President of district-level People's Committee and enclose a copy of the
international agreement within 15 days from the date on which the international
agreement is signed. The district-level People’s Committee shall send the
provincial foreign affairs agency a copy of the international agreement within
7 working days after receiving the report from the border commune-level
People’s Committee.
Article 8. Procedures for conclusion
of international agreements in the name of provincial agencies of organizations
1. Before conclusion of an international agreement,
the provincial agency of organization shall seek written consultation from the
provincial foreign affair agency and province-level organizations that are
directly relevant to this international agreement and relevant agencies.
2. Where the organization’s charter requires the
provincial agency to seek consultation from the central agency of the
organization, in addition to seeking consultation from the agencies specified
in Clause 1 hereof, the provincial agency of the organization shall do so.
3. The consulting entities shall, as established in
clause 1 and clause 2 hereof, respond in writing within 7 working days after
receiving a duly completed proposal specified in Article 11 of this Decree.
4. The provincial agency of organization shall seek
consultation from the foreign affairs agency of the provincial agency of organization
as to the conclusion of the international agreement after receiving a written
response from the agencies specified in Clauses 1 and 2 hereof.
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6. The head of the provincial agency of the
organization shall sign or authorize in writing another person to sign the
international agreement after receiving the written consent specified in Clause
5 hereof.
7. After signing the international agreement, the
provincial agency of organization shall report in writing to the foreign
affairs agency of that organization and concurrently send a copy of the
international agreement to the provincial foreign affairs agency for
notification within 15 days from the date on which the international agreement
is signed.
Article 9. Cases requiring
consultation from ministerial-level agencies
1. If an international agreement in the name of the
affiliated entity relates to national defense and security under scope of
management of the Ministry of National Defense, in addition to requirement in
clause 1 Article 4, clause 1 Article 5, clause 1 Article 6 hereof, the
affiliated entity shall propose the Minister, the head of ministerial-level
agency, the President of province-level People's Committee to seek consultation
in writing from the Ministry of National Defense. The Ministry of National
Defense shall respond in writing within 7 working days after receiving a duly
completed consultation request.
2. If an international agreement in the name of the
affiliated entity relates to security under scope of management of the Ministry
of Public Security, in addition to requirement in clause 1 Article 4, clause 1
Article 5, clause 1 Article 6 hereof, the affiliated entity shall propose the
Minister, the head of ministerial-level agency, the President of province-level
People's Committee to seek consultation in writing from the Ministry of Public
Security. The Ministry of Public Security shall respond in writing within 7
working days after receiving a duly completed consultation request.
3. If an international agreement in the name of the
affiliated entity relates to investment, in addition to requirement in clause 1
Article 4, clause 1 Article 5, clause 1 Article 6 hereof, the affiliated entity
shall propose the Minister, the head of ministerial-level agency, the President
of province-level People's Committee to seek consultation in writing from the
Ministry of Planning and Investment. The Ministry of Planning and Investment
shall respond in writing within 7 working days after receiving a duly completed
consultation request.
4. The Minister, the head of ministerial-level
agency, the President of province-level People's Committee may seek
consultation from the Ministry of Foreign Affairs if the international
agreement in the name of the affiliated entity has complex and sensitive
contents regarding foreign affairs. Procedures for seeking consultation shall
comply with clause 1 and clause 2 Article 19 of the Law on International
Agreements.
5. The Minister, the head of ministerial-level
agency, the President of province-level People's Committee shall decide whether
to conclude the international agreement in the name of affiliated entity after
receiving a written consent from the ministerial-level agency as prescribed in
clause 1, 2, 3 and 4 of this Article.
Article 10. Contents of the
approval for conclusion of the international agreement in the name of the
affiliated entity
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a) The name of the international agreement and the
names of the parties to the international agreement;
b) The signatory representative of the
international agreement;
c) Requirements for the publication of the
international agreement;
d) Responsibilities of agencies and organizations
in the conclusion and implementation of the international agreement;
d) Draft international agreement.
2. The approval for conclusion of the international
agreement in the name of provincial agency of organization shall contain the
particulars in points a, b, c and dd of clause 1 hereof.
Article 11. Consultation
requests regarding proposals for conclusion of international agreements
Required documents in a consultation request as
prescribed in Clause 2, Article 4, Clause 2, Article 5, Clause 2, Article 6,
Clause 2, Article 7 and Clause 3, Article 8:
1. A proposal for conclusion of international
agreement, clearly stating the context and purpose of the signing of the
international agreement; main contents of the international agreement;
assessment of the conformity of the international agreement with the provisions
of Vietnamese law, the impact of the international agreement to be signed;
compliance with the provisions of Article 3 of the Law on International
Agreements and Article 3 of this Decree; the full name and position of the
representatives of signatories; recommendations on the publication and
confidentiality of the international agreement.
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Article 12. Proposals for
conclusion of international agreements in the name of affiliated entities
Required documents in a proposal for conclusion of
international agreement as prescribed in Clause 3, Article 4, Clause 3, Article
5, Clause 3, Article 6, Clause 5, Article 7 and Clause 5, Article 8:
1. A proposal for conclusion of international
agreement, which includes the contents specified in Clause 1, Article 11 of
this Decree and issues with differing opinions between the relevant agencies
and organizations (if any).
2. Written consultation responses of agencies and
organizations specified in Clause 3, Article 4, Clause 3, Article 5, Clause 3,
Article 6, Clause 5, Article 7 and Clause 5, Article 8 of this Decree.
3. Report on explanation and acquiring opinions of
relevant entities.
4. Draft international agreement document in
Vietnamese and foreign language. In case the international agreement only
contains a document in foreign language, Vietnamese translation is required.
Chapter III.
AMENDMENTS TO, RENEWAL,
TERMINATION, WITHDRAWAL, SUSPENSION OF INTERNATIONAL AGREEMENTS
Article 13. Amendments to and
renewal of an international agreement in the name of the affiliated entity
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2. The department-level agency, province-level
agency, district-level People’s Committee shall communicate in writing with the
international cooperation contact point affiliated to the ministry, provincial
foreign affairs agency as to amendments to and renewal of international
agreement within 15 days since the effective date of the amendment or renewal.
3. The border commune-level People’s Committee
shall communicate in writing with the district-level People’s Committee as to
amendments to and renewal of international agreement within 15 days since the
effective date of the amendment or renewal. The district-level People’s
Committee shall communicate in writing with the provincial foreign affairs
within 7 working days after receiving the notice from the border commune-level
People’s Committee.
4. The provincial agency of organization shall
communicate in writing with the agency in charge of foreign affairs of that
organization and with the provincial foreign affairs agency as to amendments to
and renewal of international agreement within 15 days since the effective date
of the amendment or renewal.
Article 14. Termination,
withdrawal from or suspension of an international agreement in the name of the
affiliated entity
1. Responsibilities, power and procedures for
termination, withdrawal, and suspension of an international agreement shall
comply with Articles 4, 5, 6, 7 and 8 of this Decree.
2. The department-level agency, province-level
agency, district-level People’s Committee shall communicate in writing with the
international cooperation contact point affiliated to the ministry, provincial
foreign affairs agency as to amendment to and renewal of international
agreement within 15 days since the effective date of the amendment or renewal.
3. The border commune-level People’s Committee
shall communicate in writing with the district-level People’s Committee as to
termination, withdrawal, suspension of international agreement within 15 days
since the effective date of the termination, withdrawal, or suspension. The district-level
People’s Committee shall communicate in writing with the provincial foreign
affairs within 7 working days after receiving the notice from the border
commune-level People’s Committee.
4. The provincial agency of the organization shall
communicate in writing with the agency in charge of foreign affairs of that
organization and with the provincial foreign affairs agency as to termination,
withdrawal, suspension of the international agreement within 15 days since the
effective date of the termination, withdrawal, or suspension.
Chapter IV.
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Article 15. Responsibilities
of agencies and organizations in management of conclusion and implementation of
international agreements in the name of affiliated entities
1. Ministries, ministerial-level agencies,
province-level People’s Committees shall:
a) Manage the conclusion and implementation of
international agreements in the name of affiliated entities as prescribed in
clauses 4, 5 and 6 Article 42 of the Law on International Agreements;
b) Raise public awareness of law, supervise,
examine, inspect, reward, take actions against law violations, settle
complaints and denunciations related to the conclusion and implementation of
international agreements in the name of affiliated entities according to
clauses 4, 5 and 6, Article 46 of the Law on International Agreements;
c) Report on the conclusion and implementation of
international agreements in the name of affiliated entities as prescribed in
Clause 2, Article 16 of this Decree.
2. Agencies and organizations that have concluded
international agreements shall comply with the regulations on reporting
international agreement-related work specified in Clause 1, Article 16 of this
Decree.
3. The international cooperation contact point
affiliated to the ministry or provincial foreign affairs agency shall receive
reports on conclusion and implementation of international agreements in the
name of the affiliated entities, make a consolidated report of the ministry,
ministerial-level agency, province-level People’s committee on international
agreement-related work in the name of the affiliated entities as prescribed in
Article 16 hereof.
4. The agency in charge of the foreign affairs of
the provincial agency of organization shall take charge and cooperate with the
province-level People’s Committee in concluding and implementing the
international agreement in the name of the provincial agency of organization.
Article 16. Reports on
conclusion and implementation of international agreements in the name of
affiliated entities
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a) Department-level agencies shall send reports to
the international cooperation contact point affiliated to the ministry.
b) Province-level agencies shall send reports to
the provincial foreign affairs agency.
c) After receiving reports from the border
commune-level People’s Committees, the district-level People’s Committee shall
consolidate and send reports of their own and of commune-level People’s
Committees to the provincial foreign affairs agency.
d) Provincial agencies of organizations shall send
reports to the agencies in charge of foreign affairs of the provincial agencies
of organizations and to the provincial foreign affairs agency.
2. Ministries, ministerial-level agencies,
province-level People’s Committees shall send reports on international
agreements in progress and to be concluded and implemented in the name of
affiliated entities to the Ministry of Foreign Affairs.
The reports shall be made using the forms guided by
the Ministry of Foreign Affairs.
Article 17. Publication of
international agreements in the name of affiliated entities
1. Ministries, ministerial-level agencies,
province-level People’s Committees shall promptly publish full text of
international agreements in the name of department-level agencies,
province-level agencies, district-level People’s Committees, border
commune-level People’s Committees, amendments to, renewal, termination,
withdrawal, suspension of international agreements on their web portals, except
for non-publication cases as prescribed in regulations and law on protection of
state secrets or as agreed upon with the foreign contracting party.
2. The international cooperation contact point
affiliated to ministry or provincial foreign affairs agency shall take charge
and cooperate with relevant agencies and organizations in publication of
international agreements as prescribed in clause 1 hereof.
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Chapter V.
IMPLEMENTATION
Article 18. Entry in force
This Decree comes into force as of July 1, 2021.
Article 19. Implementation
Ministers, heads of ministerial-level agencies,
Presidents of province-level People’s Committees, Presidents of district-level
People’s Committees, Presidents of border commune-level People’s Committees,
heads of relevant agencies and organizations shall implement this Decree./.
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