Circular No. 105/2021/TT-BQP on the construction, signing, and implementation of international agreements within the People's Army

CIRCULAR

Regulations on the establishment, signing, and implementation of international agreements

 plants People's Army

Pursuant to the International Agreement Law dated November 13, 2020;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Legal Department of the Ministry of National Defense;

The Minister of National Defense issues this Circular to regulate the establishment, signing, and implementation of international agreements within the People's Army. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates principles, authority, procedures, and processes for establishing, signing, amending, supplementing, extending, terminating effectiveness, withdrawing from, temporarily suspending implementation, building a database, and implementing international agreements within the People's Army, as well as the responsibilities of relevant agencies and units.

2. This Circular does not regulate the signing and implementation of international agreements as specified in Clause 2, Article 1 of the Law on International Agreements and negotiations, signing, and implementing military trade contracts.

Article 2. Applicability

This Circular applies to agencies, units, and individuals related to international agreement work within the People's Army.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. International agreements in the field of defense and national security (hereinafter referred to as international agreements within the People's Army) are written agreements on international cooperation within the scope of management of the Ministry of National Defense between the Vietnamese signatory party within its functions, tasks, and powers and the foreign signatory party, without creating, changing, or terminating the rights and obligations of the Socialist Republic of Vietnam under international law.

2. The Vietnamese signatory party including:

a) State, Government;

b) Ministry of National Defense;

c) General Staff, Political Bureau, and agencies and units subordinate to the Ministry of National Defense (hereinafter referred to as agencies and units subordinate to the Ministry of National Defense);

d) Agencies and units under the management of agencies and units subordinate to the Ministry of National Defense.

3. International agreement work within the People's Army encompasses all activities related to the establishment, signing; amendment, supplementation, extension, termination of effectiveness, withdrawal from, temporary suspension of implementation, and implementation of international agreements.

Article 4. Principles for Signing and Implementing International Agreements

Principles for signing and implementing international agreements within the People's Army shall be carried out in accordance with the provisions of Article 3 of the Law on International Agreements and the following regulations:

1. The establishment and signing of international agreements on behalf of agencies and units within the People's Army must be within the functions, tasks, and powers of the contracting parties; it shall not legally bind or impose responsibilities on the State, National Assembly, Government, Ministry of National Defense, and other agencies, units, and organizations that did not sign the international agreement.

2. The foreign contracting party of an international agreement must have functions, tasks, and powers appropriate to the content of the international agreement.

3. Military Command Departments at the district level in border areas, Border Guard Posts, and equivalent units may only sign international agreements with foreign counterparts at the equivalent level for information exchange, cultural exchanges, sisterhood ties, and border management coordination in accordance with international agreements signed by the Ministry of National Defense or higher-level units.

Article 5. Name, Language, and Content of International Agreements

1. The name of an international agreement includes: Agreement, communiqué, declaration, memorandum of understanding, memorandum of record, minutes of agreement, minutes of exchange, cooperation program, cooperation plan, or other names, except for special names of treaties which are conventions, treaties, accords, or agreements.

2. The language used during direct negotiations and signing of international agreements must be Vietnamese, except when there is an agreement between the Vietnamese signatory party belonging to the State, Government, or Ministry of National Defense and the foreign signatory party. In cases where the international agreement is solely in a foreign language, the Vietnamese signatory party under the Ministry of National Defense has the responsibility to translate the international agreement into Vietnamese. The Vietnamese text must accurately reflect the content and be consistent in form with the foreign language text of the international agreement.

3. Main content of international agreements:

a) Name of the document;

b) Names of the signatories;

c) Basis for signing;

d) Content, methods of cooperation, mechanisms for information exchange, confidentiality, funding, responsibilities of the parties, dispute resolution, amendment, supplementation, extension, termination of effectiveness, withdrawal from, and temporary suspension of implementation of the international agreement. The content of the international agreement must include commitments between the parties ensuring compliance with relevant national and international laws and within the functions, tasks, and powers of the signatories; it shall not have legal binding value for non-signatory agencies and units; it shall not create, change, or terminate the rights and obligations of the Socialist Republic of Vietnam and the foreign party according to international law;

đ) Effective date, duration of effectiveness;

e) Date of signature, place of signature, language of signature;

g) Full name and position of the representative of the Signatory Party.

Article 6. Competence to decide on the construction and signing of international agreements

1. The Minister of National Defense decides:

a) Construction and proposal for signing international agreements on behalf of the State and Government;

b) Construction and signing of international agreements on behalf of the Ministry of National Defense and subordinate agencies and units of the Ministry of National Defense.

2. Subordinate agencies and units of the Ministry of National Defense decide on the construction, signing, and implementation of international agreements on behalf of their own agencies and units under their management.

3. Provincial Military Command in border areas decides on the construction, signing, and implementation of international agreements on behalf of the County Military Command in border areas; Provincial Border Guard Command decides on the construction, signing, and implementation of international agreements on behalf of Border Guard Posts.

Article 7. Proposing the construction, adjustment, and supplementation of plans for signing international agreements

1. Subordinate agencies and units of the Ministry of National Defense propose requirements for signing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, and temporarily suspending the implementation of international agreements on behalf of the State, Government, Ministry of National Defense, and their own agencies and units; submit to the Department of Foreign Affairs of the Ministry of National Defense before October 15 each year.

2. The Department of Foreign Affairs of the Ministry of National Defense takes the lead and coordinates with relevant agencies and units to build long-term and annual plans regarding the needs for signing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, and temporarily suspending the implementation of international agreements within the People's Army, report to seek opinions from the General Staff and Political Bureau; compile and report to the Ministry of National Defense to send to the Ministry of Foreign Affairs according to the provisions of the Law on International Agreements.

3. The Ministry of National Defense examines and decides on the plan for constructing, signing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, and temporarily suspending the implementation of international agreements on behalf of the Ministry of National Defense and subordinate agencies and units of the Ministry of National Defense before November 10 each year.

4. In cases of urgent need for signing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, and temporarily suspending the implementation of international agreements, the main agency, in coordination with the Department of Foreign Affairs of the Ministry of National Defense, reports to the Ministry of National Defense to supplement into the annual plan.

Article 8. Protection of state secrets

The construction, negotiation, signing, and implementation of international agreements within the People's Army must comply strictly with the regulations of the law on protecting state secrets.

Chapter II

CONSTRUCTION AND PROPOSAL FOR SIGNING INTERNATIONAL AGREEMENTS

ON BEHALF OF THE STATE AND GOVERNMENT

Article 9. Procedures and formalities for construction and proposal for signing international agreements

The procedures and formalities for construction and proposal for signing international agreements on behalf of the State and Government shall be carried out in accordance with Article 9 of the Law on International Agreements, specifically:

1. Establishing a plan for constructing international agreements;

2. Establishing a drafting board and editing team;

3. Drafting the international agreement and the draft submission report;

4. Soliciting opinions from agencies and units within the Ministry of National Defense;

5. Soliciting opinions from the Ministry of Foreign Affairs and related ministries and sectors;

6. Reviewing and appraising the draft dossier of the international agreement;

7. Submitting to the competent authority for decision-making on negotiation and signing;

8. Negotiating and signing the international agreement;

9. Reporting the results of signing and implementing post-signing procedures.

Article 10. Drafting Plans for International Agreements

1. Agencies and units under the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to draft plans for international agreements to be submitted to the Ministry of National Defense for consideration and decision.

2. The basic contents of the plan include:

a) Objectives and requirements;

b) Content and implementation measures;

c) Time and location;

d) Responsibilities of agencies and units;

đ) Funding guarantee.

Article 11. Establishment of Drafting Board and Editorial Team

1. The Ministry of National Defense decides on the establishment of the Drafting Board. Its members include:

a) Commanders of the leading agencies and units in drafting;

b) Commanders of the Department of Foreign Affairs and the Legal Department of the Ministry of National Defense;

c) Commanders of related agencies and units within the Ministry of National Defense;

d) Inviting representatives from ministries, sectors, localities related to the matter.

2. Responsibilities of the Drafting Board

a) Issuing regulations on the operation of the Drafting Board and establishing the Editorial Team;

b) Organizing the preparation of the dossier for the draft international agreement and being responsible for its content and progress in submitting the draft international agreement. In cases where the draft international agreement has been prepared by the foreign signatory, the agency or unit assigned to lead must provide advice and propose the establishment of the Drafting Board and the Editorial Team to implement and be responsible for developing the negotiation strategy for the Vietnamese side;

c) Evaluating the compatibility of the draft international agreement with the Party's guidelines, state policies on foreign defense relations, and the feasibility of the international agreement;

d) Organizing research on relevant information and materials;

đ) Reporting to the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and related ministries, sectors, agencies, units, organizations, and individuals;

e) Discussing fundamental issues, important contents of the draft international agreement; incorporating and explaining according to the opinions of the Ministry of Foreign Affairs and related ministries, sectors, agencies, units, organizations, and individuals;

g) Reporting to seek opinions from the Central Military Commission Standing Committee or the Central Military Commission on important issues concerning policy guidelines related to foreign defense relations;

h) Preparing the dossier to report to the Minister of National Defense for submission to the Prime Minister for decision on international agreements signed on behalf of the Government; recommending the Government to submit to the State President for decision on international agreements signed on behalf of the State;

i) Fully implementing reporting systems as prescribed and performing other tasks assigned.

Article 12. Drafting International Agreement Proposals and Reports

1. Leading agencies and units in drafting shall prepare the content of the draft international agreement, reports, and related documents.

2. The content of the draft international agreement shall be carried out in accordance with the provisions of Clause 3, Article 5 of this Circular.

3. The content of the draft report includes:

a) The necessity of drafting and signing the international agreement;

b) Objectives and guiding principles for drafting the international agreement;

c) Evaluation of compliance with the principles stipulated in Article 4 of this Circular;

d) Assessment of the political, economic, social, national defense, security, and other impacts of the planned international agreement;

đ) Evaluation of the compatibility of the content of that international agreement with international agreements in the same field already signed by the State and Government; the degree of consistency between the provisions of the international agreement and Vietnamese laws;

e) Name, form, and capacity to sign, language, and validity;

g) Proposal for the person to sign the international agreement;

h) Main content of the international agreement and negotiation strategies;

i) Issues with differing opinions between the proposing agency and relevant agencies or organizations, between the Vietnamese signatory and the foreign signatory, and recommendations for handling measures.

Article 13. Soliciting Opinions from Agencies and Units within the Ministry of National Defense

1. The agency or unit responsible for drafting international agreements shall be responsible for soliciting opinions from relevant agencies and units within the Ministry of National Defense regarding the dossier on the establishment and proposal to sign international agreements.

2. The dossier for soliciting opinions on the establishment and proposal to sign international agreements includes:

a) A letter soliciting opinions;

b) A draft report;

c) The draft international agreement in Vietnamese and foreign languages. In cases where the international agreement is only available in a foreign language, a Vietnamese translation must be attached;

d) Other related documents (if any).

3. The agencies and units whose opinions are sought shall be responsible for replying in writing within seven days from the date they receive the dossier in accordance with Clause 2 of this Article.

Article 14. Soliciting Opinions from the Ministry of Foreign Affairs and Relevant Ministries and Sectors

The agency or unit responsible for drafting shall complete the dossier in accordance with Clause 2 of Article 13 of this Circular, report to the Ministry of National Defense to solicit opinions from the Ministry of Foreign Affairs and relevant ministries and sectors; compile, adopt, and explain the opinions of the Ministry of Foreign Affairs and relevant ministries and sectors.

Article 15. Reviewing and Appraising Draft Dossiers for International Agreements

1. The reviewing agency is the Department of External Relations under the Ministry of National Defense, and the appraisal agency is the Legal Department under the Ministry of National Defense;

2. The agency or unit responsible for drafting shall submit the dossier for signing international agreements to the Department of External Relations under the Ministry of National Defense for review and to the Legal Department under the Ministry of National Defense for appraisal before reporting to the Minister of National Defense to present to the Prime Minister for consideration and decision on negotiating and signing international agreements on behalf of the Government or to report to the Government to present to the President for consideration and decision on negotiating and signing international agreements on behalf of the State.

3. The dossier submitted for review and appraisal includes:

a) A letter requesting review and appraisal;

b) A draft report;

c) The draft international agreement in Vietnamese and foreign languages;

d) The draft implementation plan for the international agreement;

đ) A report on adopting and explaining the opinions of the Ministry of Foreign Affairs, relevant ministries and sectors, and relevant agencies and units within the Ministry of National Defense;

e) Copies of the opinions of relevant agencies and units within the Ministry of National Defense, the Ministry of Foreign Affairs, and relevant ministries and sectors;

g) Other relevant documents (if any).

4. Time limit for review and appraisal

a) Within seven days from the date of receipt of the complete dossier, the Department of External Relations under the Ministry of National Defense and the Legal Department under the Ministry of National Defense shall issue a review and appraisal letter to the agency or unit responsible for drafting;

b) In cases where the dossier for review and appraisal does not contain sufficient documents as stipulated in Clause 3 of this Article, the Department of External Relations under the Ministry of National Defense and the Legal Department under the Ministry of National Defense shall request the agency or unit to supplement the dossier. The time limit for review and appraisal shall be calculated from the date of receipt of the complete dossier.

5. Content of review

a) The necessity of establishing and the purpose of signing the international agreement (assessment of the relationship between Vietnam and the foreign contracting party);

b) Assessment of the suitability of the international agreement with national interests, ethnic interests, and foreign policy of the Socialist Republic of Vietnam;

c) Assessment of the suitability of the international agreement with relevant international treaties to which the Socialist Republic of Vietnam is a member;

d) Assessment of the capacity of the contracting party from the foreign country with functions, tasks, powers, and capabilities consistent with the content of the international agreement;

đ) Name, form, title, signatory, language, validity, and technical aspects of the international agreement;

e) Consistency of the Vietnamese version of the international agreement with the foreign language version of the international agreement.

6. Content of appraisal

a) The necessity of establishing and signing the international agreement (political, legal, and practical basis);

b) Constitutionality, legality, and suitability of the draft international agreement with relevant international treaties to which Vietnam is a member; feasibility of the international agreement;

c) Ensuring that the contents of the international agreement are consistent with the functions, tasks, and powers of the contracting party and do not create new, change, or terminate rights and obligations of the Socialist Republic of Vietnam under international law;

d) The draft content of the international agreement ensures that it does not bind the responsibility for implementation of the State, National Assembly, Government, and other organizations that did not sign the international agreement;

đ) Compliance with procedures and formalities for establishing and signing international agreements;

e) Other legal issues related to the draft international agreement.

7. In cases where the international agreement has important and complex content, the Legal Department under the Ministry of National Defense shall establish an Advisory Board for Appraisal. The Advisory Board for Appraisal consists of members from relevant agencies and units.

Article 16. Authority to Decide on Negotiation and Signing

1. The leading agency or unit responsible for drafting shall complete the international agreement dossier, report to the Minister of National Defense for submission to the Prime Minister for consideration and decision on the policy and establishment of the negotiation delegation representing the Government; recommend the Government to submit to the State President for decision on the policy and establishment of the negotiation delegation representing the State.

2. Documents include:

a) The proposal of the Ministry of National Defense;

b) Draft proposal of the Government to submit to the State President (for international agreements representing the State);

c) The draft international agreement in Vietnamese and foreign languages;

d) Draft decision on the establishment of the negotiation delegation for international agreements;

đ) Comprehensive report on incorporating comments from the Ministry of Foreign Affairs and relevant ministries and sectors;

e) Copy of comments from the Ministry of Foreign Affairs and relevant ministries and sectors;

g) Negotiation plan and related documents (if any).

Article 17. Negotiation and Signing of International Agreements

After the Prime Minister and the State President agree on the draft content of the international agreement and the negotiation plan, the Ministry of National Defense will coordinate with the Ministry of Foreign Affairs to notify the foreign signatory and organize negotiations:

1. In case the foreign signatory agrees with the draft content of the international agreement, the Ministry of National Defense will coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors to report to the competent authority to organize the signing of the international agreement.

2. In case the foreign signatory has different opinions but does not change the basic content of the draft international agreement, the leading agency or unit responsible for drafting will assist the Ministry of National Defense to lead and coordinate with relevant ministries and sectors to revise the draft, report to the competent authority to organize the signing of the international agreement.

3. In case the foreign signatory's opinion changes the basic content of the draft international agreement, the leading agency or unit responsible for drafting will assist the Ministry of National Defense to lead and coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors to advise and propose, report to the competent authority for consideration and decision on the next negotiation plan.

4. Signing of international agreements shall be carried out in accordance with the provisions of Clause 4 of Article 9, Articles 10 and 11 of the Law on International Agreements.

Article 18. Reporting on Signing Results and Post-Signing Procedures

Within 15 (fifteen) days from the date of signing the international agreement:

1. The leading agency or unit responsible for drafting shall cooperate with the Department of External Relations of the Ministry of National Defense and the Office of the Ministry of National Defense to draft a document of the Ministry of National Defense to report to the Minister of National Defense on the signing of the international agreement to the State President or the Prime Minister.

2. The Office of the Ministry of National Defense shall keep the original and send copies of the international agreement to the Ministry of Foreign Affairs, the Department of External Relations of the Ministry of National Defense, the Legal Department of the Ministry of National Defense, and relevant agencies and units.

Chapter III

BUILDING AND SIGNING OF INTERNATIONAL AGREEMENTS

ON BEHALF OF THE MINISTRY OF NATIONAL DEFENSE

Article 19. Procedure and Process for Building and Signing of International Agreements

The procedure and process for building and signing of international agreements on behalf of the Ministry of National Defense shall be implemented in accordance with the provisions of Article 9 of this Circular.

Article 20. Preparation of Plan for Building International Agreements

1. Agencies and units under the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to prepare a plan for building international agreements for submission to the Ministry of National Defense for consideration and decision.

2. The basic content of the plan for building international agreements shall be implemented in accordance with the provisions of Clause 2 of Article 10 of this Circular.

Article 21. Establishment of the Drafting Board

1. The Ministry of National Defense shall decide to establish the Drafting Board. The composition of the Drafting Board shall be carried out in accordance with the provisions set forth at points a, b, and c of Clause 1, Article 11 of this Circular.

2. The responsibilities of the Drafting Board shall be implemented in accordance with the provisions set forth at points a, b, c, and d of Clause 2, Article 11 of this Circular and the following regulations:

a) Discussing fundamental issues and important contents of the draft international agreement;

b) Organizing to collect opinions from relevant agencies and units within the Ministry of National Defense regarding the content of the draft international agreement; adopting and revising the draft international agreement;

c) Reporting to the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and other relevant ministries and sectors concerning the content of the draft international agreement; studying, adopting, and explaining the opinions of the Ministry of Foreign Affairs and other relevant ministries and sectors;

d) Preparing the file on the international agreement for submission to the Minister of National Defense to decide on negotiations and signing;

đ) Fully implementing the reporting system to the Ministry of National Defense on the progress of drafting the international agreement according to the plan.

Article 22. Drafting the Draft International Agreement and the Draft Memorandum

1. The leading agency or unit responsible for drafting shall lead in building the content of the draft international agreement, the draft memorandum, and related documents.

2. The content of the draft international agreement shall be carried out in accordance with the provisions of Clause 3, Article 5 of this Circular.

3. The content of the draft memorandum shall be carried out in accordance with the provisions set forth in Clause 3, Article 12 of this Circular.

Article 23. Soliciting Opinions from Agencies and Units within the Ministry of National Defense

1. The agency or unit responsible for drafting international agreements shall be responsible for soliciting opinions from relevant agencies and units within the Ministry of National Defense regarding the dossier on the establishment and proposal to sign international agreements.

2. The file sent for soliciting opinions shall be carried out in accordance with the provisions set forth in Clause 2, Article 13 of this Circular.

3. The agencies and units whose opinions are sought shall be responsible for replying in writing within seven days from the date they receive the dossier in accordance with Clause 2 of this Article.

Article 24. Soliciting Opinions from the Ministry of Foreign Affairs and Relevant Ministries and Sectors

1. The leading agency or unit responsible for drafting shall complete the file in accordance with the provisions set forth in Clause 2, Article 13 of this Circular, report to the Ministry of National Defense to solicit opinions from the Ministry of Foreign Affairs and relevant ministries and sectors.

2. The leading agency or unit responsible for drafting shall compile, adopt, and explain the opinions of the Ministry of Foreign Affairs and relevant ministries and sectors. In cases where the Ministry of Foreign Affairs and relevant ministries and sectors disagree with the signing of the international agreement upon solicitation of opinions, the provisions set forth in Clause 4, Article 17 of the Law on International Agreements shall be implemented.

Article 25. Inspection and Review of the File of the Draft International Agreement

1. The draft international agreement must be inspected by the Department of External Relations of the Ministry of National Defense and reviewed by the Legal Affairs Department of the Ministry of National Defense before the leading agency or unit responsible for drafting submits it to the Ministry of National Defense for consideration and decision on negotiations.

2. The file, time limit, and content of inspection and review shall be carried out in accordance with the provisions set forth in Clauses 3, 4, 5, and 6, Article 15 of this Circular.

3. In cases where the international agreement has important and complex content, the Legal Affairs Department of the Ministry of National Defense shall establish an Advisory Review Committee. The Advisory Review Committee shall consist of members from relevant agencies and units.

Article 26. Decision on Negotiating the International Agreement

1. The leading agency or unit responsible for drafting shall adopt and explain the inspection opinions of the Department of External Relations of the Ministry of National Defense, the review opinions of the Legal Affairs Department of the Ministry of National Defense, complete the file, submit it to the Minister of National Defense for consideration and decision on negotiations, and establish a negotiation team.

a) A report to the Government, Prime Minister on the project, draft;

a) A memorandum on the signing of the international agreement;

b) The draft international agreement in Vietnamese and foreign languages;

c) A report on adopting and explaining the opinions of agencies and units within the Ministry of National Defense and relevant ministries and sectors, the inspection opinions of the Department of External Relations of the Ministry of National Defense, and the review opinions of the Legal Affairs Department of the Ministry of National Defense;

d) Copies of the participation opinions of agencies and units within the Ministry of National Defense, opinion contribution documents of the Ministry of Foreign Affairs and relevant ministries and sectors, inspection documents of the Department of External Relations of the Ministry of National Defense, and review documents of the Legal Affairs Department of the Ministry of National Defense;

đ) A draft implementation plan for the international agreement;

e) Other related documents (if any).

Article 27. Negotiation of International Agreements

After the Minister of National Defense agrees to commence negotiations, the drafting agency or unit shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense to notify the foreign signatory party and organize the negotiation team. The negotiation team shall implement according to the negotiation plan approved by the Minister of National Defense.

1. In cases where the foreign signatory party agrees with the content of the draft international agreement, the negotiation team shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense, the drafting agency or unit, and related agencies or units to report to the Ministry of National Defense for organizing the signing of the international agreement.

2. In cases where the foreign signatory party has different opinions but does not change the basic content of the draft international agreement, the negotiation team shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense, the drafting agency or unit, and related agencies or units to revise the draft and report to the Ministry of National Defense for organizing the signing of the international agreement.

3. In cases where the foreign signatory party's different opinions change the basic content of the draft international agreement, the negotiation team shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense, the drafting agency or unit, and related agencies or units to provide advice and report to the Ministry of National Defense for considering and deciding on the next negotiation plan or stopping the negotiations.

Article 28. Signing of International Agreements

1. The Minister of National Defense decides and proceeds to sign the international agreement or authorizes in writing the Deputy Minister of National Defense, the commander of subordinate agencies or units under the Ministry of National Defense to sign the international agreement.

2. Prior to proceeding with the signing of the international agreement, the drafting agency or unit shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense and related agencies or units to review and compare the Vietnamese text with the foreign language text to ensure accuracy in content and consistency in form.

3. The drafting agency or unit shall coordinate with the Department of Foreign Affairs under the Ministry of National Defense, the Office of the Ministry of National Defense to report to the Minister of National Defense to decide on the time, place, participants, and form of signing the international agreement.

Article 29. Reporting on the Signing and Sending Copies of International Agreements

Within 15 (fifteen) days from the date of signing the international agreement:

1. The Department of Foreign Affairs under the Ministry of National Defense shall take the lead and coordinate with the Office of the Ministry of National Defense to draft the document of the Ministry of National Defense to be submitted to the Head of the Ministry of National Defense for reporting.

2. The Office of the Ministry of National Defense shall store the original copy and send a copy of the international agreement to the Ministry of Foreign Affairs, the drafting agency or unit, the Department of Foreign Affairs under the Ministry of National Defense, the Legal Affairs Department under the Ministry of National Defense, and related agencies or units within the Ministry of National Defense.

Chapter IV

BUILDING AND SIGNING OF INTERNATIONAL AGREEMENTS

IN THE NAME OF THE AGENCY OR UNIT SUBORDINATE TO THE MINISTRY OF NATIONAL DEFENSE

Article 30. Procedures and Formalities for Drafting and Signing International Agreements

1. Establishing and approving plans for drafting international agreements.

2. Establishing the Drafting Board, Editorial Group (if necessary).

3. Drafting the international agreement and the submission document.

4. Soliciting opinions from related agencies or units.

5. Reviewing and examining the international agreement.

6. Deciding on negotiating the international agreement.

7. Negotiating the international agreement.

8. Signing the international agreement.

9. Reporting the results of signing and implementing post-signing procedures.

Article 31. Establishing and Approving Plans for Drafting International Agreements

1. The drafting agency or unit subordinate to the Ministry of National Defense shall take the lead in establishing the plan for drafting international agreements and report to the Ministry of National Defense for approval.

2. The basic content of the plan for building international agreements shall be implemented in accordance with the provisions of Clause 2 of Article 10 of this Circular.

Article 32. Establishment of Drafting Board, Editorial Group (if necessary)

1. Agencies and units under the Ministry of National Defense shall decide to establish the Drafting Board for international agreements. The composition includes:

a) Commanders of the leading agencies and units in drafting;

b) Representatives from the Department of Foreign Affairs of the Ministry of National Defense, the Legal Department of the Ministry of National Defense (if necessary);

c) Commanders of related agencies and units within the Ministry of National Defense;

d) Commanders (officers) of the foreign affairs and legal departments of the agency or unit primarily responsible for drafting.

2. Responsibilities of the Drafting Board:

a) Implement as prescribed in Clause 2, Article 21 of this Circular;

b) Fully report to the commanders of agencies and units under the Ministry of National Defense on the progress of drafting international agreements as stipulated.

Article 33. Preparation of Draft International Agreement and Draft Memorandum

1. The agency or unit primarily responsible for drafting shall prepare the content of the draft international agreement, draft memorandum, and related documents.

2. The content of the draft international agreement shall be carried out in accordance with the provisions of Clause 3, Article 5 of this Circular.

3. The content of the draft memorandum shall be carried out in accordance with the provisions set forth in Clause 3, Article 12 of this Circular.

Article 34. Soliciting Opinions from Relevant Agencies and Units

1. The agency or unit primarily responsible for drafting shall be responsible for soliciting opinions from relevant agencies and units within the Ministry of National Defense regarding the dossier for building and proposing to sign international agreements. Depending on the nature and content of the draft international agreement, the drafting agency shall report to the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and other relevant ministries and sectors.

2. The file sent for soliciting opinions shall be carried out in accordance with the provisions set forth in Clause 2, Article 13 of this Circular.

3. The agency or unit whose opinion is sought shall be responsible for providing a written response within seven days from the date of receipt of the complete dossier.

Article 35. Inspection and Review of Dossier for Draft International Agreement

1. The agency or unit primarily responsible for drafting shall submit the dossier for signing international agreements to the Department of Foreign Affairs of the Ministry of National Defense for inspection and to the Legal Department of the Ministry of National Defense for review before submitting to the Head of the Ministry of National Defense for consideration and decision on negotiation.

2. The file, time limit, and content of inspection and review shall be carried out in accordance with the provisions set forth in Clauses 3, 4, 5, and 6, Article 15 of this Circular.

3. In cases where the international agreement has important and complex content, the Legal Affairs Department of the Ministry of National Defense shall establish an Advisory Review Committee. The Advisory Review Committee shall consist of members from relevant agencies and units.

Article 36. Decision on Negotiation of International Agreement

1. The agency or unit primarily responsible for drafting shall incorporate and explain the inspection opinions of the Department of Foreign Affairs of the Ministry of National Defense, the review opinions of the Legal Department of the Ministry of National Defense, perfect the dossier, and submit it to the Ministry of National Defense for consideration and decision on negotiation.

a) A report to the Government, Prime Minister on the project, draft;

a) Memorandum from the agency or unit under the Ministry of National Defense;

b) The draft international agreement in Vietnamese and foreign languages;

c) A report on adopting and explaining the opinions of agencies and units within the Ministry of National Defense and relevant ministries and sectors, the inspection opinions of the Department of External Relations of the Ministry of National Defense, and the review opinions of the Legal Affairs Department of the Ministry of National Defense;

d) Copies of opinions from agencies and units within the Ministry of National Defense, comments from relevant ministries and sectors, inspection documents from the Department of Foreign Affairs of the Ministry of National Defense, and review documents from the Legal Department of the Ministry of National Defense;

đ) A draft implementation plan for the international agreement;

e) Other related documents (if any).

Article 37. Negotiation of International Agreement

After the Head of the Ministry of National Defense agrees to negotiate, the agency or unit primarily responsible for drafting shall coordinate with the Department of Foreign Affairs of the Ministry of National Defense to notify the foreign signing party and establish a negotiation team to organize negotiations.

1. In cases where the foreign signing party agrees with the content of the draft international agreement, the agency or unit primarily responsible for drafting shall coordinate with the Department of Foreign Affairs of the Ministry of National Defense and relevant agencies and units to report to the Ministry of National Defense to organize the signing of the international agreement.

2. In cases where the foreign signing party has different opinions but does not change the basic content of the draft international agreement, the agency or unit primarily responsible for drafting shall coordinate with the Department of Foreign Affairs of the Ministry of National Defense and relevant agencies and units to revise the draft and report to the Ministry of National Defense to organize the signing of the international agreement.

3. In cases where the foreign signing party's opinions change the basic content of the draft international agreement, the agency or unit primarily responsible for drafting shall coordinate with the Department of Foreign Affairs of the Ministry of National Defense and relevant agencies and units to advise and report to the Ministry of National Defense for consideration and decision on the next negotiation plan or termination of negotiations.

Article 38. Signing International Agreements

1. After receiving written approval from the Minister of National Defense for the signing of international agreements, the head of the agency or unit under the Ministry of National Defense shall sign directly or delegate in writing to the level of departments and equivalent units under their management to sign international agreements.

2. Prior to signing international agreements, the leading agency or unit drafting the agreement shall coordinate with the Department of Foreign Affairs of the Ministry of National Defense and relevant agencies or units to review and compare the Vietnamese text with the foreign language text to ensure accuracy of content and consistency in format.

3. The leading agency or unit drafting the agreement shall coordinate with relevant agencies or units to report to the head of the agency or unit under the Ministry of National Defense to decide on the time, place, participants, and form of signing the international agreement.

Article 39. Reporting Results of Signing and Post-Signing Procedures

Agencies and units under the Ministry of National Defense shall report in writing to the Ministry of National Defense the results of signing international agreements; retain the original according to the regulations on archiving; send copies of the international agreement to the Office of the Ministry of National Defense, the Department of Foreign Affairs of the Ministry of National Defense, the Legal Affairs Department of the Ministry of National Defense, and related agencies or units within fifteen (15) days from the date of signing.

Chapter V

BUILDING AND SIGNING INTERNATIONAL AGREEMENTS ON BEHALF OF THE

AGENCY OR UNIT UNDER THE MANAGEMENT OF THE AGENCY OR UNIT

DIRECTLY SUBORDINATE TO THE MINISTRY OF NATIONAL DEFENSE

Article 40. Procedure and Formalities for Building International Agreements

1. Develop and approve plans for drafting international agreements.

2. Establish a Drafting Team (if necessary).

3. Drafting the international agreement and the submission document.

4. Soliciting opinions from related agencies or units.

5. Review and assess the draft international agreement dossier.

6. Deciding on negotiating the international agreement.

7. Negotiating the international agreement.

8. Signing the international agreement.

9. Reporting the results of signing and implementing post-signing procedures.

Article 41. Developing and Approving Plans for Drafting International Agreements

1. The agency or unit assigned to lead the drafting shall develop a plan for building international agreements and report it to the command of the agency or unit in accordance with Clause 2 and Clause 3 of Article 6 of this Circular for consideration and decision.

2. The basic content of the plan for building international agreements shall be implemented in accordance with the provisions of Clause 2 of Article 10 of this Circular.

Article 42. Establishing a Drafting Team (if necessary)

1. The agency or unit under the management of the agency or unit directly subordinate to the Ministry of National Defense as stipulated in Clause 2 and Clause 3 of Article 6 of this Circular shall decide to establish a Drafting Team for international agreements. The members of the Drafting Team include:

a) Commanders of the leading agencies and units in drafting;

b) Representative of the agency (staff) engaged in foreign affairs and legal work (if any);

c) Command of the agency or unit concerned;

d) Other members (if necessary);

2. Responsibilities of the Drafting Team

a) Organize the drafting of the international agreement proposal and be responsible for the progress and quality of the content of the draft international agreement. In cases where the draft international agreement has been prepared by the foreign party, the agency or unit assigned to lead the drafting shall have the responsibility to advise and propose the establishment of a Drafting Team (if necessary) to implement and the Drafting Team shall be responsible for developing the negotiation plan of the Vietnamese side to report to the competent authority for consideration and decision;

b) Evaluate the compatibility of the draft international agreement with the Party's guidelines, state policies and laws, and the regulations of the Ministry of National Defense; functions, tasks, and authorities of the agency or unit; ensuring the feasibility of the international agreement;

c) Organize research on information and materials related to the content of the international agreement;

d) Discuss the content of the draft international agreement;

đ) Organize the collection of opinions from agencies or units related to the content of the draft international agreement; incorporate and revise the draft international agreement; collect opinions from agencies (staff) engaged in legal and foreign affairs at the same level and the immediate superior level (if any);

e) Prepare the dossier on the international agreement to submit to the command of the agency or unit as stipulated in Clause 2 and Clause 3 of Article 6 of this Circular for consideration and decision on negotiations and signing;

g) Fully comply with reporting procedures as prescribed.

Article 43. Drafting international agreement proposals and draft memoranda

1. The leading agency or unit responsible for drafting shall lead in building the content of the draft international agreement, the draft memorandum, and related documents.

2. The content of the draft international agreement shall be carried out in accordance with the provisions of Clause 3, Article 5 of this Circular.

3. The content of the draft memorandum shall be in accordance with the provisions of Clause 3, Article 12 of this Circular.

Article 44. Soliciting opinions from relevant agencies and units

1. The agency or unit responsible for drafting the international agreement shall have the responsibility to solicit opinions from relevant agencies and units, as well as from foreign affairs and legal departments regarding the dossier on the construction and proposal for signing the international agreement.

2. The file sent for soliciting opinions shall be carried out in accordance with the provisions set forth in Clause 2, Article 13 of this Circular.

3. The agency or unit whose opinion is sought shall be responsible for providing a written response within seven days from the date of receipt of the complete dossier.

Article 45. Reviewing and evaluating the dossier of the draft international agreement

1. The agency or unit responsible for drafting shall seek the review and evaluation opinions of the foreign affairs and legal departments. In cases where there are no organizations or personnel engaged in foreign affairs and legal work, the higher-level foreign affairs and legal departments or personnel shall be responsible for reviewing and evaluating.

2. The dossier submitted for review and evaluation includes:

a) Draft memorandum;

b) The draft international agreement in Vietnamese and foreign languages;

c) Draft plan for implementing the international agreement;

d) Report explaining and incorporating the opinions of relevant agencies and units;

đ) Copy of the document containing the opinions of relevant agencies and units;

e) Other related documents (if any).

3. The time limit for review and evaluation is five (5) days from the date all documents are received.

4. The content of the review and evaluation shall be carried out in accordance with the provisions of Clauses 5 and 6, Article 15 of this Circular.

Article 46. Decision to negotiate international agreements

1. After incorporating the review and evaluation opinions and completing the dossier, the agency or unit responsible for drafting shall submit it for consideration and decision by the Commander of the agency or unit specified in Clauses 2 and 3, Article 6 of this Circular.

a) A report to the Government, Prime Minister on the project, draft;

a) Memorandum;

b) Draft international agreement;

c) Report explaining and incorporating the opinions of relevant agencies and units;

d) Copy of the review and evaluation document;

đ) Copy of the opinions of relevant agencies and units;

e) Draft plan for implementing the international agreement;

g) Other relevant documents (if any).

Article 47. Negotiating international agreements

After being decided by the Commander of the authorized agency or unit specified in Clauses 2 and 3, Article 6 of this Circular to proceed with negotiations, the agency or unit responsible for drafting shall notify the foreign signatory through diplomatic channels:

1. In case the foreign signatory agrees with the content of the draft international agreement, the agency or unit acting as the signatory shall coordinate with competent authorities and relevant agencies to organize the signing.

2. In case the foreign signatory has different opinions but does not change the basic content of the draft international agreement, the agency or unit acting as the signatory shall coordinate with competent authorities and relevant agencies to revise the draft and organize the signing.

3. In case the foreign signatory's different opinions result in changes to the basic content of the draft international agreement, the agency or unit acting as the signatory shall coordinate with competent authorities and relevant agencies to advise and propose, and report to the direct superior agency or unit up to the Ministry of National Defense for examination and decision on organizing direct negotiations to unify the content of the draft international agreement or to terminate negotiations.

Article 48. Signing international agreements

After the Commander of the agency or unit specified in Clauses 2 and 3, Article 6 of this Circular decides to sign the international agreement on behalf of the subordinate agency or unit, the Commander of the agency or unit shall sign the international agreement in person or authorize a deputy in writing to sign, and decide on the time, place, participants, and form of signing.

Article 49. Report on the signing and sending copies of international agreements

Within ten (10) days from the date of signing the international agreement, the agency or unit that signs the international agreement shall be responsible for storing the original copy of the international agreement in accordance with the law on archiving, reporting, and sending a copy of the international agreement to the superior command for consolidation, which will then send a copy of the international agreement to the Department of Foreign Affairs of the Ministry of National Defense, the Office of the Ministry of National Defense, the Legal Department of the Ministry of National Defense, and related agencies and units.

Chapter VI

EFFECTIVENESS, AMENDMENT, SUPPLEMENTATION, EXTENSION, TERMINATION, WITHDRAWAL;

PROCEDURES FOR CONDENSED IMPLEMENTATION AND EXECUTION OF INTERNATIONAL AGREEMENTS

INTERNATIONAL AGREEMENT

Article 50. Effectiveness of international agreements

1. The international agreement becomes effective according to the provisions of the international agreement itself.

2. In cases where the international agreement does not specify its effectiveness, the international agreement becomes effective upon mutual written agreement between the Vietnamese signatory and the foreign signatory.

Article 51. Amendment, supplementation, extension of international agreements

1. The agency or person authorized to decide on the signing of the international agreement as stipulated in Article 6 of this Circular has the authority to decide on amending, supplementing, and extending such international agreement.

2. The procedures for amending, supplementing, and extending the international agreement shall be carried out according to the procedures for signing the international agreement as prescribed in this Circular.

Article 52. Termination of effectiveness, withdrawal, suspension of implementation of international agreements

1. An international agreement may be terminated, withdrawn, or suspended from implementation according to the provisions of the international agreement itself or through mutual agreement between the Vietnamese signatory and the foreign signatory.

2. The Vietnamese signatory must terminate or withdraw from the international agreement if the implementation process violates any of the principles specified in Article 4 of this Circular.

3. The agency or person authorized to decide on the signing of the international agreement as stipulated in Article 6 of this Circular has the authority to decide on terminating, withdrawing from, or suspending the implementation of such international agreement.

4. The procedures for terminating, withdrawing from, or suspending the implementation of the international agreement shall be carried out according to the procedures for signing the international agreement as prescribed in this Circular.

Article 53. Condensed procedures

1. Condensed procedures apply to the signing, amendment, supplementation, and extension of international agreements on behalf of the State, Government, Ministry of National Defense, and on behalf of subordinate agencies and units of the Ministry of National Defense, as provided for in Articles 36, 38, 39, 40, and 41 of the Law on International Agreements.

2. Condensed procedures for the signing, amendment, supplementation, and extension of international agreements on behalf of agencies and units under the management of subordinate agencies and units of the Ministry of National Defense shall be decided by the competent authority as stipulated in Clause 2 and Clause 3 of Article 6 of this Circular.

Article 54. Archiving of international agreements

1. The archiving of international agreements shall be carried out in accordance with the law on archiving.

2. The Office of the Ministry of National Defense shall be responsible for archiving the original copy of the international agreement text signed on behalf of the State, Government, and Ministry of National Defense, and sending a copy to the Ministry of Foreign Affairs, the Office of the Government, and relevant agencies and units as prescribed.

3. The agency or unit that signs the international agreement shall be responsible for archiving the original copy of the international agreement text signed on behalf of their own level.

Article 55. Implementation of International Agreements

1. Within fifteen (15) days from the date of signing the international agreement, the agency or unit primarily responsible for drafting the international agreement shall cooperate with relevant agencies and units to develop a plan for implementing the international agreement, and submit it for review and decision by the superior command of the agency or unit.

2. The basic contents of the plan for implementing the international agreement include:

a) The roadmap for implementing the international agreement;

b) Allocation of responsibilities among agencies, units, and individuals in organizing the implementation of the international agreement;

c) Recommendations for amending, supplementing, abolishing, or issuing regulatory legal documents and other documents necessary for implementing the international agreement;

d) Propaganda and dissemination of the international agreement;

đ) Organizational, management, financial measures, and other necessary measures for implementing the international agreement.

Article 56. Review and Systematization of International Agreements

1. The Legal Affairs Department of the Ministry of National Defense shall take the lead, in coordination with the Foreign Affairs Department of the Ministry of National Defense, to organize and implement reviews and systematizations of international agreements made on behalf of the State, Government, and Ministry of National Defense. If any provisions are found to be contrary to the law, contradictory, overlapping, expired, or no longer suitable for economic and social development, they shall recommend competent authorities to promptly suspend enforcement, abolish, amend, supplement, issue new international agreement documents, or replace the existing international agreement documents.

2. Agencies and units under the Ministry of National Defense and agencies and units under the management of such agencies and units have the responsibility to review and systematize international agreements at their level. If any legal basis, authority, or content is found to be inconsistent with the Party's guidelines, state policies and laws, contradictory, overlapping, or no longer suitable for practical circumstances, they shall recommend the competent authority that decided to sign the agreement to decide on amending, supplementing, or terminating the effectiveness of the international agreement. 3. The review and systematization of international agreement documents must be conducted regularly and continuously, immediately when there is a basis for reviewing the documents, and timely announcing the collection of systematized international agreement documents still in effect or expired.

4. Annually, the Ministry of National Defense shall publish a list of international agreement documents made on behalf of the State, Government, and Ministry of National Defense, and those made on behalf of subordinate agencies and units that have expired or ceased to be effective. Subordinate agencies and units shall publish a list of international agreement documents made on behalf of their managed levels that have expired or ceased to be effective.

Article 57. Database on International Agreements

1. The database on international agreements in the People's Army is a collection of international agreements within the scope of management of the Ministry of National Defense in electronic form.

2. The database on international agreements in the People's Army is established and used jointly to provide accurate and timely information to serve leadership, guidance, management, and implementation of signed international agreements.

3. Information about the content of international agreements in the People's Army to be updated in the database includes:

a) Name, content of the international agreement, names of the parties signing, date of signing, date of effectiveness, status of effectiveness;

b) Related documents including the basis for signing and documents signed for implementation (if any);

c) Process of changes in the effectiveness of the document;

d) Other necessary information (if any).

4. International agreements determined to be classified shall not be posted on the database on international agreements.

5. Funding for the construction, management, maintenance, and updating of documents in the database on international agreements in the People's Army shall be guaranteed from the state budget according to the分级制度和合法资金来源。

Chapter VII

Responsibilities of Agencies and Units in Work

INTERNATIONAL AGREEMENT

Article 58. State Management of International Agreements Work in the People's Army

The Ministry of National Defense shall implement state management over international agreements work in the People's Army within its scope of management, including:

1. Issuing normative legal documents on international agreements.

2. Proposing, drafting, inspecting, appraising, signing, sending copies, implementing, reviewing, systematizing, building databases, amending, supplementing, extending, terminating effectiveness, withdrawing from, temporarily suspending implementation of international agreements in accordance with the provisions of the law.

3. Promoting, disseminating, educating, guiding the enforcement of laws on international agreements.

4. Organizing statistics and archiving international agreements.

5. Inspecting, auditing, rewarding and handling violations of laws on international agreements.

6. Resolving complaints and denunciations related to the signing and implementation of international agreements.

Article 59. Responsibilities of the Department of Foreign Affairs under the Ministry of National Defense

The Department of Foreign Affairs under the Ministry of National Defense is responsible for advising and assisting the Minister of National Defense in implementing international agreements work in the People's Army, including:

1. Advising and proposing the Ministry of National Defense to issue normative legal documents on international agreements.

2. Drafting plans for the long term, annual and ad hoc proposals for drafting, signing, amending, supplementing, extending, terminating effectiveness, withdrawing from, temporarily suspending implementation of international agreements; drafting reports on activities of signing and implementing international agreements to be submitted to the head of the Ministry of National Defense for consideration and reporting to the competent authority in accordance with the regulations.

3. Directing, monitoring, and inspecting the proposal, drafting, signing, amending, supplementing, extending, terminating effectiveness, withdrawing from, temporarily suspending implementation of international agreements.

4. Inspecting draft international agreements in accordance with this Circular.

5. Organizing statistics and archiving international agreements.

6. Taking the lead in coordinating supervision, inspection, auditing, rewarding and handling violations of laws on international agreements.

7. Resolving complaints and denunciations related to the signing and implementation of international agreements.

8. Organizing mid-term and final reviews of international agreements work in the People's Army.

9. Directing and guiding foreign affairs organizations and foreign affairs officers of agencies and units, coordinating advisory and proposal making for commanders at their level in international agreements work.

10. Compiling annual budget estimates of agencies and units to be submitted to the Ministry of National Defense (through the Finance Department of the Ministry of National Defense) for reporting to the Minister of National Defense.

11. Annually or ad hoc as required by tasks, submitting reports on international agreements work of the Ministry of National Defense to the Ministry of Foreign Affairs in accordance with Clause 2, Article 42 and Clause 1, Clause 3, Article 46 of the Law on International Agreements.

13. Implementing tasks related to international agreements work assigned in this Circular.

Article 60. Responsibilities of the Legal Affairs Department under the Ministry of National Defense

1. Leading or coordinating in drafting normative legal documents on international agreements in the People's Army.

2. Organizing and implementing reviews, systematization, and database construction on international agreements in the People's Army.

3. Appraising draft international agreements in accordance with this Circular.

4. Organizing promotion and dissemination of laws on international agreements.

5. Organizing monitoring of the enforcement of laws on international agreements in the military and defense fields.

6. Coordinating amendments, supplements, extensions, termination of effectiveness, withdrawal from, temporary suspension of implementation of international agreements.

7. Coordinating with the Department of Foreign Affairs under the Ministry of National Defense to direct, monitor, and inspect the proposal, drafting, signing, amending, supplementing, extending, terminating effectiveness, withdrawal from, temporary suspension of implementation of international agreements to ensure compliance with the provisions of the law.

8. Coordinating resolution of complaints and denunciations related to the signing and implementation of international agreements.

9. Directing and guiding legal affairs organizations and legal affairs officers of agencies and units, coordinating advisory and proposal making for commanders at their level in international agreements work.

Article 61. Responsibilities of the Military Security Bureau and the General Political Department

1. In accordance with their functions and tasks, advise and assist the Ministry of National Defense in directing and guiding the implementation of security protection and state secrets protection in international agreement work within the People's Army.

2. Ensure security and safety in the drafting, signing, and implementation of international agreements, proactively prevent and combat activities that undermine the rights and interests of the contracting party Vietnam.

3. Direct and guide security agencies to cooperate in protecting state secrets in international agreement work.

Article 62. Responsibilities of the Finance Department of the Ministry of National Defense

Based on the budget estimates submitted by the Department of Foreign Affairs of the Ministry of National Defense, compile proposals for the budget estimate and allocation plan, report to the Minister for consideration and decision.

Article 63. Responsibilities of the Office of the Ministry of National Defense

1. Review files, ensure procedural and formal requirements, report to the Head of the Ministry of National Defense for consideration and decision on signing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, or temporarily suspending the implementation of international agreements in the name of the State, Government, Ministry of National Defense, and in the name of subordinate agencies and units of the Ministry of National Defense.

2. Coordinate with the Department of Foreign Affairs of the Ministry of National Defense and relevant agencies and units to serve the Head of the Ministry of National Defense before, during, and after the process of signing international agreements.

3. Carry out copying, sending, and archiving of international agreements in the name of the State, Government, and Ministry of National Defense according to regulations.

Article 64. Responsibilities of subordinate agencies and units of the Ministry of National Defense and agencies and units under the management of subordinate agencies and units of the Ministry of National Defense

1. Subordinate agencies and units of the Ministry of National Defense shall be fully responsible under the law and to the Minister of National Defense for advising and proposing the drafting, signing, implementing, reviewing, systematizing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, or temporarily suspending the implementation of international agreements in the name of the State, Government, and Ministry of National Defense, and in the name of their own agencies and units, based on their functions, tasks, authorities, industry jurisdiction, and geographical area.

2. Agencies and units under the management of subordinate agencies and units of the Ministry of National Defense shall be fully responsible under the law and to their superior command for advising and proposing the drafting, signing, implementing, amending, supplementing, extending, terminating the effectiveness, withdrawing from, or temporarily suspending the implementation of international agreements in the name of their own agencies and units.

3. Annually (before October 30) or at any time as required by the mission, report on the performance of international agreement work to the Ministry of National Defense (through the Department of Foreign Affairs of the Ministry of National Defense) and perform other tasks assigned by competent authorities.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 65. Effective Date

This Circular takes effect from September 19, 2021. The provisions on international agreements and international cooperation documents in Circular No. 95/2015/TT-BQP dated August 25, 2015, issued by the Minister of National Defense regarding procedures and formalities for drafting, signing, joining, and implementing international treaties; drafting, signing, and implementing international agreements within the People's Army are hereby abolished.

Article 66. Transitional Provisions

1. In cases where the cited documents in this Circular are amended, supplemented, or replaced, the provisions cited in this Circular shall be implemented according to the provisions of the corresponding amended, supplemented, or replacing document.

2. International agreements that have not been signed before the date this Circular takes effect but have been conducted according to the signing procedures and formalities stipulated in Circular No. 95/2015/TT-BQP shall be organized for signing without having to re-implement the signing procedures and formalities prescribed in this Circular.

3. For international agreements that have been signed in accordance with Circular No. 95/2015/TT-BQP, the procedures for sending copies, implementation, review, systematization, database construction, amendment, supplementation, extension, termination of validity, withdrawal, and suspension of implementation of international agreements shall be carried out in accordance with the provisions of this Circular.

Article 67. Funding Assurance

The funding assurance for international agreement work in the People's Army shall be implemented in accordance with the State’s and the Ministry of National Defense’s regulations on budget preparation, management, utilization, and settlement of funds from the state budget to ensure international treaty and international agreement work as prescribed by law.

Article 68. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, Commanders of agencies and units, and individuals related to this matter are responsible for implementing this Circular.

2. The Legal Affairs Department of the Ministry of National Defense is responsible for monitoring, urging, inspecting, and reporting on the implementation of this Circular./.