Law on International Treaties No. 108/2016/QH13

 

LAW

INTERNATIONAL TREATIES

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the International Treaties Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates the signing, reservation, amendment, supplement, extension, termination of effect, renunciation, withdrawal, suspension of implementation, deposit, storage, copying, publication, registration, and organization of implementation of international treaties.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Article 1. International treaties An international treaty is a written agreement concluded on behalf of the Socialist Republic of Vietnam with foreign signatories, which generates, changes, or terminates the rights and obligations of the Socialist Republic of Vietnam under international law, regardless of its name such as treaty, convention, agreement, pact, understanding, protocol, memorandum, exchange note, or other named document.

2. An international treaty to which the Socialist Republic of Vietnam is a party is an international treaty that is currently effective for the Socialist Republic of Vietnam.

3. Foreign signatory is a state, international organization, or other subject recognized as a subject of international law.

4. International organization is an intergovernmental organization.

5. Signed Negotiation, signing, ratification, approval, accession to an international treaty, or exchange of documents creating an international treaty

6. Signature is a legal act performed by a person authorized or an authorized body, including signing an international treaty without ratification or approval and signing an international treaty requiring ratification or approval.

7. Short signature is a legal act performed by an authorized person or an authorized representative to confirm the final text of an international treaty that the Socialist Republic of Vietnam intends to sign has been agreed upon with the foreign signatory.

8. Ratification is a legal act performed by the National Assembly or the President to accept the binding force of an international treaty signed by the Socialist Republic of Vietnam.

9. Approves Acceptance of the binding force of an international treaty

10. is a legal act performed by the Government to accept the binding force of an international treaty signed by the Socialist Republic of Vietnam. Accession

11. is a legal act performed by the National Assembly, the President, or the Government to accept the binding force of a multilateral international treaty for the Socialist Republic of Vietnam when it does not sign the international treaty, regardless of whether the international treaty is already in force or not. Exchange of documents creating a bilateral international treaty

12. is the exchange of letters, notes, or other named documents creating a bilateral international treaty between the Socialist Republic of Vietnam and a foreign signatory. Acceptance of the binding force of an international treaty

13. Power of Attorney is a legal act performed by an authorized national agency, an authorized person, or an authorized representative to express the formal commitment of the Socialist Republic of Vietnam to an international treaty, including signing an international treaty without ratification or approval, ratifying an international treaty, approving an international treaty, exchanging documents creating an international treaty, acceding to an international treaty, or other acts agreed with a foreign signatory.

14. Power of attorney is a document confirming the designation of a person authorized by a national agency to represent the Socialist Republic of Vietnam at a multilateral international conference to perform one or more legal acts related to negotiating, adopting an international treaty text, or implementing provisions of an international treaty.

15. Reservation is a declaration made by the Socialist Republic of Vietnam or a foreign signatory when signing, ratifying, approving, or acceding to a multilateral international treaty to exclude or modify the legal effect of one or several provisions of the international treaty.

16. Termination of effect of an international treaty is a legal act performed by the National Assembly, the President, or the Government to renounce the effect of an international treaty to which the Socialist Republic of Vietnam is a party.

17. Suspension of implementation of an international treaty is a legal act performed by the National Assembly, the President, or the Government to temporarily suspend the implementation of all or part of an international treaty to which the Socialist Republic of Vietnam is a party.

18. Renunciation or withdrawal from an international treaty is a legal act performed by the National Assembly, the President, or the Government to renounce the acceptance of the binding force of an international treaty for the Socialist Republic of Vietnam.

Article 3. Principles for the conclusion and implementation of international treaties

1. Not contrary to the Constitution of the Socialist Republic of Vietnam.

2. Respect for national independence, sovereignty, territorial integrity, non-use or threat of use of force, non-interference in each other's internal affairs, equality, mutual benefit, and other fundamental principles of international law.

3. Ensure national interests, consistent with the foreign policy of the Socialist Republic of Vietnam.

4. Adhere to international treaties to which the Socialist Republic of Vietnam is a party.

Article 4. Capacity to conclude international treaties

1. International treaties shall be concluded on behalf of the State in the following cases:

a) International treaties directly signed by the President of the State with the head of another State;

b) International treaties related to war, peace, national sovereignty of the Socialist Republic of Vietnam;

c) International treaties concerning the establishment, participation in, or withdrawal from international and regional organizations if such actions affect the country’s basic policies on foreign relations, defense, security, economic and social development, finance, and currency;

d) International treaties that change, limit, or terminate human rights, basic rights and obligations of citizens as provided by law and resolutions of the National Assembly;

đ) International treaties concluded on behalf of the State upon agreement with the foreign contracting party.

2. International treaties shall be concluded on behalf of the Government in the following cases:

a) International treaties not covered by Clause 1 of this Article;

b) International treaties concluded on behalf of the Government upon agreement with the foreign contracting party.

Article 5. Language and form of international treaties

1. Bilateral international treaties must have a Vietnamese-language text, except where otherwise agreed with the foreign contracting party.

2. In the case of international treaties concluded in multiple languages, all texts shall have equal validity, except where otherwise agreed with the foreign contracting party.

3. In the case of international treaties concluded only in a foreign language, the proposal for signing must include a Vietnamese translation of the treaty in the file.

4. In the case where the Socialist Republic of Vietnam reserves, accepts, or opposes reservations of the foreign contracting party regarding multilateral international treaties, declarations must be included in the submission file in both Vietnamese and the foreign language used to notify the depositary of the multilateral international treaty.

5. The original copy of bilateral international treaties on the Vietnamese side must be printed on treaty paper, bound according to a model issued by the Ministry of Foreign Affairs, except where otherwise agreed with the foreign contracting party.

Article 6. International treaties and domestic laws

1. Where there are different provisions in normative legal documents and international treaties to which the Socialist Republic of Vietnam is a party on the same issue, the provisions of the international treaty shall apply, except for the Constitution.

2. Based on the requirements, content, and nature of the international treaty, the National Assembly, the President, and the Government, when deciding to accept the binding nature of the international treaty, simultaneously decide to directly apply the entire or part of the international treaty to agencies, organizations, and individuals if the provisions of the international treaty are sufficiently clear and detailed for implementation; decide or propose amendments, supplements, abolition, or issuance of normative legal documents to implement the international treaty.

Article 7. Supervision of the signing and implementation of international treaties

1. The National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, and the Members of the National Assembly within their respective duties and powers shall supervise the signing and implementation of international treaties.

2. The procedures and formalities for supervising the signing and implementation of international treaties shall comply with the provisions of the law on the activities of supervision by the National Assembly.

Chapter II

CONCLUSION OF INTERNATIONAL TREATIES

Section 1. NEGOTIATION OF INTERNATIONAL TREATIES

Article 8. Authority to propose negotiation of international treaties

1. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, ministries, ministerial-level agencies, and government agencies (hereinafter referred to as proposing agencies), based on their respective duties and powers, cooperation requirements, shall propose to the Government for the Government to submit to the President of the State regarding negotiations of international treaties on behalf of the State, and propose to the Prime Minister regarding negotiations of international treaties on behalf of the Government.

2. The Ministry of Foreign Affairs shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and related agencies and organizations in proposing negotiations of international treaties related to war, peace, and national sovereignty.

Article 9. Preparation for negotiation of international treaties

1. The proposing agency shall be responsible for preparing the negotiation of international treaties and performing the following tasks:

a) Conducting a preliminary assessment of the political, defense, security, economic-societal impacts, and other impacts of the international treaty;

b) Conducting a preliminary review of current laws and international treaties that the Socialist Republic of Vietnam is a member of in the same field, comparing them with the main content of the proposed international treaty;

c) Soliciting opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations before submitting to the competent state authority for a decision on negotiating the international treaty.

2. Agencies and organizations solicited for opinions as stipulated in point c, Clause 1 of this Article shall be responsible for providing written responses within fifteen days from the date of receipt of the complete dossier for soliciting opinions.

Article 10. Authority to decide on negotiation of international treaties

1. The President of the State shall decide on negotiating, delegating authority to negotiate, negotiating policy, and concluding negotiations of international treaties on behalf of the State.

2. The Prime Minister shall decide on negotiating, delegating authority to negotiate, negotiating policy, and concluding negotiations of international treaties on behalf of the Government.

Article 11. Dossier for submission on negotiation of international treaties

1. The dossier for submission on negotiation of international treaties includes:

a) A proposal from the submitting agency, clearly stating the necessity, requirements, and purpose of negotiating the international treaty; the main content of the international treaty; a preliminary assessment of the political, defense, security, economic-societal impacts, and other impacts of the international treaty; the results of a preliminary review of current laws and international treaties that the Socialist Republic of Vietnam is a member of in the same field, compared with the main content of the proposed international treaty; recommendations on negotiating and delegating authority to negotiate;

b) Opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations; reports explaining and adopting opinions of agencies and organizations, and recommending measures for handling.

2. In cases where there is a recommendation to conclude negotiations of international treaties, the submission dossier must include a draft of the international treaty reflecting the plan for concluding negotiations.

Article 12. Organization of International Treaty Negotiations

1. The Government organizes international treaty negotiations on behalf of the State pursuant to the authorization of the President. The Prime Minister organizes international treaty negotiations on behalf of the Government.

2. Based on the decision of the agency specified in Article 10 of this Law, the leading proposing agency shall coordinate with relevant agencies and organizations to build and propose to the Prime Minister negotiation plans, draft international treaties of Vietnam, and the composition of the negotiation delegation.

3. The leading proposing agency shall consult representative organizations of entities directly affected by international treaties during the negotiation process.

4. The leading proposing agency shall promptly report to the Prime Minister on issues arising during the negotiation process and propose measures for resolution.

5. The President and the Government have the responsibility to report to the National Assembly and the Standing Committee of the National Assembly on the negotiation of international treaties within the scope of approval by the National Assembly.

Section 2. PROPOSAL TO SIGN INTERNATIONAL TREATIES

Article 13. Authority to Propose Signing International Treaties

1. Based on tasks, authorities, and requirements for international cooperation, the agency specified in Article 8 of this Law proposes to the Government to submit to the President for a decision to sign international treaties on behalf of the State, or to the Government for a decision to sign international treaties on behalf of the Government.

2. Prior to proposing to sign international treaties, the proposing agency must seek opinions from relevant agencies and organizations, the verification opinion of the Ministry of Foreign Affairs, and the review opinion of the Ministry of Justice.

3. In cases where relevant agencies and organizations have already provided opinions on negotiating international treaties and the draft international treaty proposed for signing does not change the content that has been approved by competent state authorities, the proposing agency only needs to seek the verification opinion of the Ministry of Foreign Affairs and the review opinion of the Ministry of Justice; it is not necessarily required to seek opinions from other relevant agencies and organizations.

4. Agencies and organizations specified in Clause 2 of this Article have the responsibility to reply in writing within fifteen days from the date of receipt of complete files or according to the deadlines stipulated in Clause 1 of Article 18 and Clause 1 of Article 20 of this Law.

Article 14. The Standing Committee of the National Assembly Provides Opinions on Signing International Treaties

1. Before deciding to sign international treaties containing provisions different from or not provided for in laws, resolutions of the National Assembly, regulations contrary to ordinances, resolutions of the Standing Committee of the National Assembly, or international treaties whose implementation requires amendments, supplements, abolition, issuance of laws, resolutions of the National Assembly, ordinances, or resolutions of the Standing Committee of the National Assembly, the authority specified in Clause 1 and Clause 2 of Article 15 of this Law shall submit to the Standing Committee of the National Assembly for opinions. This provision does not apply to international treaties within the scope of approval by the National Assembly as specified in Clause 1 of Article 29 of this Law.

2. Based on the opinions of the Standing Committee of the National Assembly, the President and the Government decide to sign such international treaties.

Article 15. Authority and Content of Decisions to Sign International Treaties

1. The President decides to sign international treaties on behalf of the State.

2. The Government decides to sign international treaties on behalf of the Government.

3. The decision to sign international treaties must be documented in writing and include the following contents:

a) Name, form, and capacity for signing international treaties;

b) Representative person and their authority in signing international treaties;

c) Reservations, acceptances, or objections to reservations of foreign contracting parties, declarations regarding multilateral international treaties;

d) Responsibilities of the proposing agency, the Ministry of Foreign Affairs, and relevant agencies and organizations;

đ) Decision to directly apply all or part of the international treaty; decision or proposal to amend, supplement, abolish, or issue regulatory legal documents to implement the international treaty. This provision does not apply to international treaties requiring approval or endorsement as stipulated in Article 28 and Article 37 of this Law.

Article 16. Contents of the proposal for signing international treaties

1. The necessity, requirements, and purpose of proposing to sign an international treaty.

2. The main contents of the international treaty.

3. The name, form, capacity to sign, representative to sign, language, effectiveness, form of effectiveness, duration of effectiveness, and temporary application of the international treaty.

4. Rights and obligations arising from the international treaty for the Socialist Republic of Vietnam.

5. Evaluation of compliance with the principles stipulated in Article 3 of this Law.

6. Recommendations on reservations, acceptance, or opposition to reservations made by foreign contracting parties, declarations regarding multilateral international treaties.

7. Evaluation of the direct application of the entire or part of the international treaty, or amending, supplementing, abolishing, or issuing regulatory legal documents to implement the international treaty.

8. Issues with differing opinions between the proposing agency and related agencies or organizations, between Vietnam and foreign contracting parties, and recommendations on measures to resolve these issues.

Article 17. Documents for submitting proposals to sign international treaties

1. The report of the submitting agency according to the contents specified in Article 16 of this Law.

2. The inspection opinion of the Ministry of Foreign Affairs, the verification opinion of the Ministry of Justice, and the opinions of related agencies or organizations; reports explaining and adopting opinions of related agencies or organizations, and recommendations on measures to resolve issues; proposed plan for implementing the international treaty.

3. Report on the political, defense, security, socio-economic impacts, and other impacts of the international treaty.

4. Report on the compatibility of the proposed international treaty with international treaties in the same field where the Socialist Republic of Vietnam is a member.

5. Report on the consistency between the provisions of the international treaty and the provisions of Vietnamese law.

6. Text of the international treaty.

Article 18. Responsibilities of the Ministry of Foreign Affairs in inspecting international treaties

1. The Ministry of Foreign Affairs shall be responsible for inspecting international treaties within 15 days from the date of receiving all documents as stipulated in Article 19 of this Law or within 30 days in cases where the Inspection Council is established as provided for in Clause 3 of this Article.

2. The contents of inspecting international treaties include:

a) The necessity and purpose of signing the international treaty based on an assessment of relations between Vietnam and foreign contracting parties;

b) Evaluation of the consistency of the international treaty with fundamental principles of international law;

c) Evaluation of the consistency of the international treaty with national interests, ethnic interests, and foreign policy of the Socialist Republic of Vietnam;

d) Evaluation of the compatibility of the proposed international treaty with international treaties in the same field where the Socialist Republic of Vietnam is a member;

đ) The name, form, capacity to sign, level of signature, language, effectiveness, and technical aspects of the international treaty text;

e) Compliance with the procedures and formalities for proposing to sign international treaties;

g) Consistency of the Vietnamese text of the international treaty with the foreign language text of the international treaty.

3. In cases where the international treaty has important and complex contents, the Minister of Foreign Affairs shall establish an Inspection Council to inspect the international treaty.

The members of the Inspection Council for international treaties include representatives from the Ministry of Foreign Affairs, the Ministry of Justice, the Government Office, and related agencies or organizations.

Article 19. Documents for Requesting International Treaty Review

1. A request document for international treaty review, including contents prescribed in Clause 2, Article 18 of this Law.

2. Draft report to the Government on the proposal to sign an international treaty.

3. Report assessing the compatibility of the proposed international treaty with other international treaties in the same field that the Socialist Republic of Vietnam is a member.

4. Report assessing the political, defense, security, socio-economic impacts and other impacts of the international treaty.

5. Comments from relevant agencies and organizations.

6. Text of the international treaty.

Article 20. Responsibilities of the Ministry of Justice in International Treaty Review

1. The Ministry of Justice shall be responsible for reviewing international treaties within twenty days from the date of receiving all documents as prescribed in Article 21 of this Law or within sixty days in cases where a Review Board is established as prescribed in Clause 3 of this Article.

2. Contents of the international treaty review include:

a) Constitutional compliance;

b) Degree of conformity with Vietnamese laws;

c) Feasibility of directly applying the entire or part of the international treaty;

d) Requirements for amending, supplementing, abolishing or issuing regulatory legal documents to implement the international treaty.

3. In cases where the international treaty is proposed for signature by the Ministry of Justice, there are differing opinions on the proposed international treaty or it contains important and complex contents, the Minister of Justice shall establish a Review Board to review the international treaty.

Members of the international treaty review board include representatives from the Ministry of Justice, the Ministry of Foreign Affairs, the Office of the Government, and relevant agencies and organizations.

Article 21. Documents for Requesting International Treaty Review

1. Documents for requesting international treaty review include:

a) A request document for international treaty review, including contents prescribed in Clause 2, Article 20 of this Law;

b) Draft report to the Government on the proposal to sign an international treaty;

c) Report assessing the consistency between the provisions of the international treaty and Vietnamese laws;

d) Comments from relevant agencies and organizations;

đ) International treaty document.

2. Five sets of documents must be submitted for review.

Section 3. AUTHORIZATION FOR INTERNATIONAL TREATY NEGOTIATION AND SIGNING, DEPUTIZATION TO ATTEND INTERNATIONAL CONFERENCES

Article 22. Authorization and Deputation

1. The head of the negotiation delegation, person signing an international treaty on behalf of the State, must be authorized in writing by the President of the State.

2. The head of the negotiation delegation for an international treaty on behalf of the Government must be authorized in writing by the Prime Minister. The person signing an international treaty on behalf of the Government must be authorized in writing by the Government.

3. The head of the delegation attending an international conference must be deputized in writing by the Prime Minister.

In cases where members of the Vietnamese delegation attending an international conference need to be deputized according to the conference regulations, the proposing agency is responsible for submitting to the Prime Minister for decision.

4. Persons authorized to negotiate and sign international treaties or deputized to attend international conferences must be leaders of the proposing agency or persons proposed by the agency and approved by the competent authority.

5. If the proposing agency does not appoint a head of the negotiation delegation, a person signing an international treaty, or a head of the delegation attending an international conference abroad, after consultation with the Ministry of Foreign Affairs, the proposing agency shall submit to the competent authority for decision to authorize or depute the head of the diplomatic mission, the head of the agency at the international organization, or another representative to serve as the head of the negotiation delegation, person signing an international treaty, or head of the delegation attending the international conference.

6. Issuance of authorization and deputation certificates shall be carried out in accordance with the provisions of Article 63 of this Law.

Section 4. ORGANIZATION OF SIGNING INTERNATIONAL TREATIES

Article 23. Review and Comparison of International Treaty Texts

Prior to initiating the signing of international treaties, the proposing agency shall coordinate with the Ministry of Foreign Affairs and relevant state agencies to review and compare the Vietnamese text with the foreign language text to ensure accuracy of content and consistency in form.

Article 24. Signing International Treaties

1. The proposing agency shall be responsible for coordinating with the Ministry of Foreign Affairs to complete the procedures for signing and the texts of international treaties, organizing the signing of international treaties according to agreements with the foreign signatory party.

2. In cases where the competent state authority has decided to sign an international treaty but cannot organize the signing, the proposing agency shall promptly report and propose measures to handle the situation with the Government, while informing the Ministry of Foreign Affairs for coordination.

3. In cases where there are changes related to the name of the signatory, rights, obligations of the Vietnamese party, provisions contrary to or not provided for in laws, resolutions of the National Assembly, provisions contrary to ordinances, resolutions of the Standing Committee of the National Assembly, or significant changes compared to the content of the international treaty text already decided by the competent state authority to sign, the proposing agency must resubmit the matter of signing the international treaty in accordance with the provisions of Section 2 of this Chapter.

4. The State President and the Government shall be responsible for reporting to the National Assembly and the Standing Committee of the National Assembly on the signing of international treaties within their approval authority.

Article 25. Signing International Treaties During High-Level Visits

1. The proposing agency shall be responsible for coordinating with the Ministry of Foreign Affairs to complete the procedures for signing and the texts of international treaties decided by the competent state authority to sign during high-level visits of Vietnam abroad or of foreign high-level delegations to Vietnam.

2. The Ministry of Foreign Affairs shall take the lead or coordinate in reviewing and comparing the final text of the international treaty, coordinating with the foreign side to organize the signing ceremony of the international treaty during high-level visits of Vietnam abroad or of foreign high-level delegations to Vietnam, except in cases where there is an agreement to the contrary with the foreign signatory party or a different decision by the competent state authority.

Article 26. Responsibility for Submitting International Treaty Texts After Signing

1. Within ten days from the date of signing the bilateral international treaty within the country or from the date of return of the delegation signing the international treaty abroad, the proposing agency shall be responsible for submitting to the Ministry of Foreign Affairs:

a) The original copy of the international treaty;

b) A Vietnamese translation in cases where the international treaty is signed only in a foreign language;

c) An electronic record of the content of the international treaty in Vietnamese and the foreign language;

d) A power of attorney or evidence that the representative of the foreign side has the authority to sign the international treaty.

2. In cases where the head of the diplomatic mission or the representative at an international organization signs an international treaty, the person signing shall be responsible for immediately reporting and submitting a copy of the signed international treaty to the Ministry of Foreign Affairs and sending the original copy of the international treaty to the proposing agency.

Within ten days from the date of receipt of the original copy of the international treaty, the proposing agency shall fulfill the responsibility stipulated in Clause 1 of this Article.

3. The proposing agency shall be responsible for submitting to the Ministry of Foreign Affairs a certified copy of the multilateral international treaty by the depositary of the multilateral international treaty, providing or publishing a Vietnamese translation of the international treaty, and an electronic record of the content of the international treaty in Vietnamese and the foreign language within ten days from the date of signing the international treaty within the country or from the date of return of the delegation signing the international treaty abroad.

Article 27. Exchange of Documents to Form International Treaties

The exchange of documents to form international treaties shall be carried out in accordance with the provisions from Article 8 to Article 26 of this Law.

Section 5. APPROVAL OF INTERNATIONAL TREATIES

Article 28. Types of International Treaties that Must Be Approved

1. International treaties that require approval.

2. International treaties on behalf of the State.

3. International treaties on behalf of the Government that contravene laws, resolutions of the National Assembly.

Article 29. Approval Authority for International Treaties, Content of Approval Documents for International Treaties

1. The National Assembly approves the following types of international treaties:

a) International treaties related to war, peace, sovereignty of the Socialist Republic of Vietnam;

b) International treaties concerning the establishment, participation in international and regional organizations if such establishment, participation, or withdrawal affects the country's fundamental foreign policy, defense, security, economic and social development, financial, monetary policies;

c) International treaties that change, limit, or terminate human rights, basic rights and obligations of citizens as provided by laws, resolutions of the National Assembly;

d) International treaties that contravene laws, resolutions of the National Assembly;

đ) International treaties directly signed by the President of the State with the head of another state.

2. The President of the State approves international treaties specified in Article 28 of this Law, except for those international treaties specified in Clause 1 of this Article.

3. The approval document for international treaties includes the following contents:

a) The name of the approved international treaty, the time and place of signing;

b) The content of reservations, acceptance, or opposition to reservations of the foreign signatory party, declarations regarding multilateral international treaties, and other necessary issues;

c) Decisions on the direct application of the entire or part of the international treaty; decisions or recommendations to amend, supplement, abolish, or promulgate laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly to implement the approved international treaty;

d) Responsibilities of the proposing agency, the Ministry of Foreign Affairs, and relevant agencies and organizations in completing the approval procedures and organizing the implementation of the international treaty;

đ) The full text of the international treaty in Vietnamese in the form of an Appendix. In cases where the international treaty is only signed in a foreign language, the Appendix is the full text of the international treaty in one of the languages used for signing and a Vietnamese translation of the international treaty.

Article 30. Proposal for Approval of International Treaties

1. The proposing agency submits to the Government for the Government to submit to the President of the State for approval of the international treaty after soliciting written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations.

2. The Government submits to the President of the State for the President of the State to submit to the National Assembly for approval of international treaties approved by the National Assembly.

3. Agencies and organizations solicited for opinions under Clause 1 of this Article have the responsibility to reply in writing within fifteen days from the date of receipt of the opinion solicitation document.

Article 31. Documents Submitted for Approval of International Treaties

1. A submission report from the submitting agency, including an assessment of the impact of the international treaty on Vietnam; recommendations on approval, timing of approval, content of reservations, acceptance, or opposition to reservations of the foreign signatory party, declarations regarding multilateral international treaties; recommendations on the direct application of the entire or part of the international treaty; recommendations to amend, supplement, abolish, or promulgate regulatory legal documents to implement the international treaty.

2. Opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations; reports explaining, adopting opinions of agencies and organizations, and recommending measures to address; proposed plan to implement the international treaty.

3. Text of the international treaty.

Article 32. Scope of Review of International Treaties

1. The necessity for ratification of international treaties.

2. Compliance with procedures and formalities for proposing the ratification of international treaties.

3. Constitutionality and degree of conformity with laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly.

4. The possibility of directly applying all or part of the international treaty.

5. Requirements to amend, supplement, abolish, or promulgate laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly to implement the international treaty.

Article 33. Authority to Review International Treaties

The Foreign Affairs Committee of the National Assembly shall take the lead and coordinate with the National Ethnic Council and other Committees of the National Assembly to review international treaties within the authority to ratify, decide on accession, or terminate their effect of the National Assembly.

Article 34. Documents for Requesting Review of International Treaties

1. A report from the State President requesting the ratification of an international treaty.

2. An explanatory report from the Government.

3. Documents specified in Clause 2 and Clause 3 of Article 31 of this Law.

Article 35. Procedures for Reviewing International Treaties

1. The Office of the State President shall cooperate with the proposing agency to submit the documents for requesting the review of an international treaty to the leading reviewing agency and participating reviewing agencies at least 30 days before the opening of the National Assembly session.

2. The leading reviewing agency shall organize a meeting to review the international treaty with the participation of the participating reviewing agencies and relevant agencies and organizations within 15 days from the date of receiving complete documents for requesting the review.

Article 36. Procedure for the National Assembly to Consider and Ratify International Treaties at the National Assembly Session

1. The State President presents the proposal for ratifying the international treaty.

2. A representative of the Government or a representative of the proposing agency in cases where the proposing agency is not a ministry, an agency equivalent to a ministry, or an agency under the Government shall present a report on the international treaty.

3. A representative of the reviewing agency shall present a report on the review.

4. The National Assembly shall discuss the ratification of the international treaty at a plenary session. Prior to discussing at the plenary session, the ratification of the international treaty may be discussed at the National Assembly Delegation Group meetings.

During the discussion, the agency specified in Clause 2 of this Article shall present additional information on issues related to the ratification of the international treaty.

5. The Standing Committee of the National Assembly shall present a report on the adoption, explanation, and amendment of the draft resolution on the ratification of the international treaty.

6. The National Assembly shall vote to pass the resolution on the ratification of the international treaty.

Section 6. APPROVAL OF INTERNATIONAL TREATIES

Article 37. Types of International Treaties that Must Be Approved

Except in cases within the authority to ratify of the National Assembly, the following international treaties must be approved:

1. International treaties in the name of the Government that stipulate the need for approval or the completion of legal procedures according to the regulations of each country to become effective.

2. International treaties in the name of the Government that contradict provisions in legal normative documents of the Government.

Article 38. Authority to Approve and Content of Approval Documents for International Treaties

1. The Government shall approve international treaties as specified in Article 37 of this Law.

2. The approval document for an international treaty shall include contents similar to those in the ratification document for an international treaty as specified in Clause 3 of Article 29 of this Law.

Article 39. Proposal for Approval of International Treaties

1. The agency proposing to the Government for a decision on the approval of international treaties shall submit the proposal after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations.

2. Agencies and organizations specified in Clause 1 of this Article shall be responsible for replying in writing within fifteen days from the date of receipt of the request for opinion.

Article 40. Documents for Submission Regarding the Approval of International Treaties

Documents submitted to the Government regarding the approval of international treaties shall include similar documents to those submitted for the ratification of international treaties as stipulated in Article 31 of this Law.

Section 7. JOINING INTERNATIONAL TREATIES

Article 41. Competence to Propose Joining International Treaties

1. The agency specified in Article 8 of this Law, based on its tasks and powers, and international cooperation requirements, shall propose to the Government for the Government's decision, or submit to the President for the President's decision, or submit to the National Assembly for the National Assembly's decision on joining international treaties according to the powers prescribed in Clauses 1, 2, and 3 of Article 43 of this Law.

2. Before proposing to join an international treaty, the proposing agency must obtain written opinions from relevant agencies and organizations, the inspection opinion of the Ministry of Foreign Affairs, and the review opinion of the Ministry of Justice.

3. Agencies and organizations specified in Clause 2 of this Article shall be responsible for replying in writing within fifteen days from the date of receipt of the complete dossier for opinion.

4. Negotiation, signing, ratification, and approval of new international treaties for joining international treaties shall be carried out according to the provisions from Section 1 to Section 6 of this Chapter.

Article 42. The Standing Committee of the National Assembly Gives Opinions on Joining International Treaties

1. Prior to deciding to join an international treaty that contains different provisions or is not provided for in laws, resolutions of the National Assembly, regulations contrary to ordinances, resolutions of the Standing Committee of the National Assembly, or an international treaty whose implementation requires amendments, supplements, abolition, issuance of laws, resolutions of the National Assembly, ordinances, or resolutions of the Standing Committee of the National Assembly, the competent authority deciding to join the international treaty as prescribed in Clauses 2 and 3 of Article 43 of this Law shall submit to the Standing Committee of the National Assembly for opinions. This provision does not apply in cases where the international treaty falls under the competence of the National Assembly to decide on joining as prescribed in Clause 1 of Article 43 of this Law.

2. Based on the opinions of the Standing Committee of the National Assembly, the President, and the Government, the decision to join that international treaty shall be made.

Article 43. Competence and Content of Decisions on Joining International Treaties

1. The National Assembly decides to join international treaties as prescribed in Points a, b, c, and d of Clause 1 of Article 29 of this Law.

2. The President decides to join international treaties as prescribed in Clause 2 of Article 29 of this Law.

3. The Government decides to join international treaties on behalf of the Government, except in cases prescribed in Clauses 1 and 2 of this Article.

4. The document deciding to join an international treaty includes contents similar to those of the document ratifying an international treaty as prescribed in Clause 3 of Article 29 of this Law.

Article 44. Procedure for the National Assembly to Decide on Joining International Treaties

The procedure for the National Assembly to decide on joining international treaties shall be carried out similarly to the procedures for ratifying international treaties as stipulated in Articles 32, 33, 34, 35, and 36 of this Law.

Article 45. Documents for Submitting the Decision to Join International Treaties

1. The proposal from the submitting agency shall include contents similar to those prescribed in Article 16 of this Law.

2. Opinions from the Ministry of Foreign Affairs, opinions from the Ministry of Justice, opinions from related agencies and organizations; reports explaining and incorporating opinions from related agencies and organizations; plans for implementing the international treaty.

3. Text of the international treaty.

4. List of members of the international treaty, amended and supplemented texts of the international treaty, reservations, acceptances or objections to reservations, declarations of foreign contracting parties regarding the international treaty, necessary legal procedures, and other relevant information concerning joining the international treaty.

Article 46. Responsibility for Sending International Treaty Texts After Receiving the Decision to Join

The proposing agency is responsible for sending the Ministry of Foreign Affairs the certified, provided, or published text of the international treaty, the Vietnamese translation of the international treaty, and electronic records of the content of the international treaty in Vietnamese and the foreign language within fifteen days from the date of receiving the decision to join the international treaty from the competent authority.

Chapter III

RESERVATION OF INTERNATIONAL TREATIES

Article 47. Reservation of the Socialist Republic of Vietnam

The state agency with the authority to sign, ratify, approve, or join an international treaty has the right to decide on the reservation of the Socialist Republic of Vietnam regarding that international treaty.

Article 48. Acceptance or Objection to Reservations of Foreign Contracting Parties

1. The proposing agency is responsible for clearly stating the requirements and content of acceptance or objection to reservations of foreign contracting parties; recommending the timing for presenting acceptance or objection to reservations and the legal consequences thereof in the proposal to the Government regarding signing, ratifying, approving, or joining the international treaty when the treaty allows reservations but requires acceptance by the contracting parties.

2. In cases where a foreign contracting party presents a reservation to the international treaty after the proposing agency submits the proposal to the Government regarding signing, ratifying, approving, or joining the international treaty, the Ministry of Foreign Affairs shall immediately notify the proposing agency upon receipt of information about the foreign contracting party's reservation to the international treaty. The proposing agency is responsible for submitting supplementary proposals on acceptance or objection to reservations after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies and organizations.

3. Supplementary documents for submitting acceptance or objection to reservations as prescribed in Clause 2 of this Article include:

a) The proposal from the proposing agency containing the contents prescribed in Clause 1 of this Article;

b) The text of the international treaty;

c) Opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies and organizations.

Article 49. Authority to Decide on Acceptance or Objection to Reservations of Foreign Contracting Parties

1. The National Assembly decides on acceptance or objection to reservations of foreign contracting parties regarding international treaties that the National Assembly ratifies or decides to join.

2. The President decides on acceptance or objection to reservations of foreign contracting parties regarding international treaties that the President decides to sign, ratify, or join.

3. The Government decides on acceptance or objection to reservations of foreign contracting parties regarding international treaties that the Government decides to sign, approve, or join.

4. Acceptance or objection to reservations of foreign contracting parties must be expressed in writing.

Article 50. Procedure for Deciding to Accept or Reject Reservations of Foreign Contracting Parties

1. The National Assembly decides to accept or reject reservations of foreign contracting parties regarding international treaties when approving or deciding to join such international treaties, or after receiving supplementary reports on accepting or rejecting reservations according to the procedures stipulated in Article 36 of this Law.

2. The State President, the Government decides to accept or reject reservations of foreign contracting parties regarding international treaties when deciding to sign, approve, ratify, or join such international treaties, or after receiving supplementary reports on accepting or rejecting reservations.

Article 51. Withdrawal of Reservations or Objections to Reservations

1. The proposing agency is responsible for submitting to the Government the matter of withdrawing reservations or objections to reservations after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations.

2. The Government submits to the State President for the State President to submit to the National Assembly to decide on withdrawing reservations or objections to reservations made by the National Assembly. The procedure for the National Assembly to withdraw reservations or objections to reservations is carried out similarly to the provisions in Article 36 of this Law.

3. The Government submits to the State President to decide on withdrawing reservations or objections to reservations made by the State President.

4. The Government decides on withdrawing reservations or objections to reservations made by the Government.

5. The withdrawal of reservations or objections to reservations must be expressed in writing.

6. Documents submitted for the matter of withdrawing reservations or objections to reservations include:

a) A report on the withdrawal of reservations or objections to reservations, and the legal consequences thereof.

b) The text of the international treaty;

c) Opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies and organizations.

Chapter IV

EFFECTIVENESS, AMENDMENT, SUPPLEMENTATION, AND EXTENSION OF INTERNATIONAL TREATIES

Article 52. Effectiveness of International Treaties

An international treaty becomes effective for the Socialist Republic of Vietnam according to the provisions of the international treaty or through agreement between the Vietnamese party and the foreign contracting party.

Article 53. Temporary Application of International Treaties

1. An international treaty or part thereof may be temporarily applied during the period of completing the procedures for the international treaty to become effective according to the provisions of the international treaty or through agreement between the Vietnamese party and the foreign contracting party.

2. The temporary application of an international treaty ceases if the Vietnamese party notifies the foreign contracting party or the foreign contracting party notifies the Vietnamese party about the cessation of the temporary application of the international treaty, except where the international treaty provides otherwise or the Vietnamese party and the foreign contracting party have agreed differently.

3. The state agency authorized to sign an international treaty has the authority to decide on the temporary application and cessation of the temporary application of the international treaty.

4. Documents submitted for the matter of ceasing the temporary application of an international treaty are similar to those specified in Articles 16 and 17 of this Law.

Article 54. Amendment, Supplement, and Extension of International Treaties

1. An international treaty is amended, supplemented, or extended according to the provisions of the international treaty or through agreement between the Vietnamese party and the foreign contracting party.

2. The signing of a new international treaty to amend, supplement, or extend an existing international treaty is carried out according to the provisions of Chapter II of this Law.

3. The authority to decide on amending, supplementing, or extending an international treaty in cases where a new international treaty is not signed to amend, supplement, or extend the existing international treaty is as follows:

a) The National Assembly decides to amend, supplement, or extend international treaties that it has approved or decided to join;

b) The State President decides to amend, supplement, or extend international treaties that he has approved or decided to join;

c) The Government decides to amend, supplement, or extend international treaties that it has decided to approve, join, or sign but does not require approval or ratification.

4. The decision document for amending, supplementing, or extending an international treaty includes the following contents:

a) The name of the international treaty being amended, supplemented, or extended; the date and place of signature and the effective date;

b) The content of the amendment, supplementation, and the extension period of the international treaty;

c) The responsibilities of the proposing agency, the Ministry of Foreign Affairs, and relevant agencies and organizations.

5. The procedure for deciding to amend, supplement, or extend an international treaty is carried out as follows:

a) The proposing agency is responsible for obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations before submitting to the Government the matter of amending, supplementing, or extending the international treaty;

b) The Government decides on amending, supplementing, or extending the international treaty as provided in point c, Clause 3 of this Article; submits to the State President to decide on amending, supplementing, or extending the international treaty as provided in point b, Clause 3 of this Article;

c) The State President decides on amending, supplementing, or extending the international treaty as provided in point b, Clause 3 of this Article; submits to the National Assembly to decide on amending, supplementing, or extending the international treaty as provided in point a, Clause 3 of this Article;

d) The National Assembly decides on amending, supplementing, or extending the international treaty as provided in point a, Clause 3 of this Article according to the procedures similar to the procedures for approving international treaties stipulated in Articles 32, 33, 34, 35, and 36 of this Law.

6. Documents submitted for the matter of amending, supplementing, or extending an international treaty in cases where a new international treaty is not signed to amend, supplement, or extend the existing international treaty include:

a) A report from the submitting agency, clearly stating the purpose, requirements, legal basis, and legal consequences of amending, supplementing, or extending the international treaty;

b) Opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations; explanatory reports, adoption of opinions from agencies and organizations; recommendations for handling measures;

c) The text of the international treaty;

d) Proposals for amending, supplementing, or extending the international treaty from the foreign contracting party or relevant state agencies of Vietnam.

Article 55. Termination of Effectiveness, Renunciation, Withdrawal, Suspension of Implementation of International Treaties

1. The termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties in whole or in part shall be carried out in accordance with the provisions of the international treaty or by agreement between the Vietnamese party and the foreign signatory.

2. The authority to decide on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties is specified as follows:

a) The National Assembly decides on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties that have been approved or decided to join by the National Assembly.

In cases of necessity, the President of the State, the Government decides to suspend the implementation of international treaties signed by the President of the State, the Government and approved by the National Assembly, then report to the National Assembly at the nearest session;

b) The President of the State decides on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties that have been approved or decided to join by the President of the State;

c) The Government decides on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties that have been decided to approve, join or sign but not require approval or approval by the Government.

3. The decision document on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties includes the following contents:

a) The name of the international treaty whose effectiveness is terminated, renounced, withdrawn, suspended; date and place of signing and duration of effectiveness;

b) Responsibilities of the proposing agency, the Ministry of Foreign Affairs and relevant agencies and organizations.

4. The dossier for submission, procedure, and process for deciding on the termination of effectiveness, renunciation, withdrawal, suspension of implementation of international treaties shall be carried out similarly to the dossier for submission, procedure, and process for deciding on the amendment, supplementation, extension of international treaties as stipulated in Clause 5 and Clause 6 of Article 54 of this Law.

Article 56. Notification Related to the Effectiveness of International Treaties

The Ministry of Foreign Affairs notifies relevant state agencies of the following contents:

1. Notify the effective date of the international treaty within ten days from the date of receiving information about the entry into force of the international treaty for the Socialist Republic of Vietnam;

2. Notify the effective date of the declaration of reservation of the Socialist Republic of Vietnam, acceptance or objection to the reservation of the foreign signatory, withdrawal of reservation or withdrawal of objection to the reservation of multilateral international treaties within ten days from the date of receipt of notification from the depositary of the multilateral international treaty;

3. Notify the date of temporary application cessation of the international treaty, amendments, supplements, extensions of the international treaty, termination of effectiveness, renunciation, withdrawal, suspension of implementation of the international treaty within ten days from the date when the temporary application cessation, amendments, supplements, extensions, termination of effectiveness, renunciation, withdrawal, suspension of implementation of the international treaty takes effect.

Chapter V

DEPOSIT, STORAGE, DUPLICATION, PUBLICATION OF INTERNATIONAL TREATIES

Article 57. Deposit of Multilateral International Treaties

The Ministry of Foreign Affairs carries out the deposit of multilateral international treaties in cases where the Socialist Republic of Vietnam is designated as the depositary of such international treaties.

Article 58. Archiving of International Treaties

1. The Ministry of Foreign Affairs shall archive the original copy of bilateral international treaties; certified copies of multilateral international treaties to which the Socialist Republic of Vietnam is a party, authenticated by the depositary agency; documents approving, ratifying, or acceding to international treaties; letters of authorization for negotiating and signing international treaties; letters of attendance for international conferences; and other related documents.

2. The proposing agency shall be responsible for sending the original or certified copy and the Vietnamese translation of the international treaty, as well as the foreign side's letter of authorization for negotiating and signing the international treaty, to the Ministry of Foreign Affairs within the time limit stipulated in Articles 26 and 46 of this Law.

Article 59. Copying of International Treaties

1. The Ministry of Foreign Affairs shall make copies of effective international treaties and send them to the National Assembly, the State President, and the Government for reporting purposes; to relevant agencies and organizations for implementation; and to the Official Gazette agency within fifteen days from the date of receipt of the original copy of the bilateral international treaty and information on the effectiveness of the international treaty.

2. The Ministry of Foreign Affairs shall make copies of effective international treaties and send them to the National Assembly, the State President, and the Government for reporting purposes; to relevant agencies and organizations for implementation; and to the Official Gazette agency within fifteen days from the date of receipt of the certified copy of the multilateral international treaty and the notification from the depositary agency regarding the effectiveness of the multilateral international treaty for the Socialist Republic of Vietnam.

Article 60. Publishing of International Treaties

1. An international treaty that becomes effective for the Socialist Republic of Vietnam must be published in the Official Gazette of the Socialist Republic of Vietnam and on the electronic portal of the proposing agency, except where otherwise agreed between the Vietnamese party and the foreign signatory or decided by the competent state agency.

In cases where there is a request not to publish the international treaty, the proposing agency shall submit to the Prime Minister for decision after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations. The proposing agency shall be responsible for informing the content to be implemented to agencies, organizations, and individuals directly implementing the provisions of the international treaty.

2. The Official Gazette agency shall publish the international treaty in the Official Gazette of the Socialist Republic of Vietnam within fifteen days from the date of receipt of the certified copy of the effective international treaty sent by the Ministry of Foreign Affairs.

3. The proposing agency shall publish the international treaty on its electronic portal within five days from the date of receipt of the certified copy of the effective international treaty sent by the Ministry of Foreign Affairs. If the international treaty is signed only in a foreign language, it must also be published with a Vietnamese translation.

4. The Ministry of Foreign Affairs shall publish the international treaty on its electronic portal within five days from the date of making copies of the international treaty as prescribed in Article 59 of this Law.

Article 61. Issuing Copies of International Treaties

The Ministry of Foreign Affairs shall issue copies of international treaties to which the Socialist Republic of Vietnam is a party, stored and deposited at the Ministry of Foreign Affairs, to agencies, organizations, and individuals in accordance with relevant laws.

Article 62. Database on International Treaties

The Ministry of Foreign Affairs shall take the lead and coordinate with relevant agencies and organizations to establish and operate the database on international treaties of the Socialist Republic of Vietnam.

The full text of international treaties and information on the effectiveness of international treaties, as stipulated in Clause 1 of Article 60 of this Law, shall be made public on the database on international treaties of the Socialist Republic of Vietnam.

Chapter VI

FOREIGN PROCEDURES

Article 63. Issuance of Power of Attorney and Authorization Letters

1. The Ministry of Foreign Affairs shall issue power of attorney for negotiating and signing international treaties and authorization letters for attending international conferences based on a written decision of the competent state agency.

2. The Minister of Foreign Affairs shall sign power of attorney for negotiating and signing international treaties and authorization letters for attending international conferences.

3. In cases where the decision on granting authority or authorization does not clearly specify the person authorized or appointed, the full name in Vietnamese and foreign language of the international treaty, such information must be notified in writing to the Ministry of Foreign Affairs at least five days before the negotiation, signing of international treaties or attendance at international conferences by the proposing agency.

4. The proposing agency shall promptly submit to the State President or the Government, Prime Minister for a decision in case there is a change in the person authorized or appointed; the Ministry of Foreign Affairs shall complete the foreign procedures for issuing power of attorney or authorization letters in accordance with Clauses 1, 2, and 3 of this Article after receiving the decision of the State President or the Government, Prime Minister.

Article 64. Foreign Procedures for Ratification, Approval, and Accession to International Treaties

1. The Ministry of Foreign Affairs shall notify the foreign contracting party or the depositary of multilateral international treaties about the ratification, approval, or accession to international treaties within fifteen days from the date of receipt of the document of the National Assembly, the State President, or the Government regarding the ratification, approval, or decision to accede to international treaties.

2. The State President shall sign the instrument of ratification for bilateral international treaties. The contents of the instrument of ratification for bilateral international treaties include the name of the international treaty, the time and place of signature, and other necessary matters.

The Ministry of Foreign Affairs shall cooperate with the proposing agency to carry out the exchange of instruments of ratification with the foreign contracting party when the bilateral international treaty provides for or agrees with the foreign contracting party that the exchange of instruments of ratification must be completed for the international treaty to enter into force.

3. The Minister of Foreign Affairs shall sign the instrument of ratification, approval, or accession to multilateral international treaties and send it to the depositary of multilateral international treaties.

Article 65. Foreign Procedures for Reservations

1. The Ministry of Foreign Affairs shall cooperate with the proposing agency to notify the depositary of international treaties about the reservations of the Socialist Republic of Vietnam when signing the international treaty.

2. The Ministry of Foreign Affairs shall notify the depositary of multilateral international treaties about the reservations of the Socialist Republic of Vietnam in the notification document regarding the ratification, approval, or accession to international treaties containing provisions that the Socialist Republic of Vietnam declares reservations or must reaffirm reservations declared when signing the international treaty; notify the depositary of multilateral international treaties about accepting or opposing reservations of the foreign contracting party within fifteen days from the date of receipt of the decision of the competent state agency or send the notification together with the instruments of ratification, approval, or accession to international treaties.

3. The Minister of Foreign Affairs shall sign the notification of foreign reservations of the Socialist Republic of Vietnam, acceptance or opposition to reservations of the foreign contracting party, withdrawal of reservations or withdrawal of opposition to reservations and send them to the depositary of international treaties.

Article 66. Diplomatic procedures for terminating the provisional application of international treaties

The Ministry of Foreign Affairs shall notify the foreign contracting party of the decision of the Vietnamese side on terminating the provisional application of an international treaty or respond to the decision of the foreign contracting party on terminating the provisional application of an international treaty within fifteen days from the date of receipt of the decision of the competent state agency.

Article 67. Diplomatic procedures for amending, supplementing, extending the validity period of international treaties

1. The Ministry of Foreign Affairs shall coordinate with the proposing agency to notify the foreign contracting party about amending, supplementing, or extending the validity period of an international treaty within fifteen days from the date of receipt of the decision of the competent state agency regarding the amendment, supplementation, or extension of that international treaty.

2. In cases where the proposing agency directly notifies the foreign contracting party, it must immediately inform the Ministry of Foreign Affairs of the results upon receiving information on the effectiveness of the amendment, supplementation, or extension of the international treaty.

Article 68. Diplomatic procedures for terminating the effect, renouncing, withdrawing from, or temporarily suspending the implementation of international treaties

1. The Ministry of Foreign Affairs shall coordinate with the proposing agency to notify the foreign contracting party about terminating the effect, renouncing, withdrawing from, or temporarily suspending the implementation of bilateral international treaties to which the Socialist Republic of Vietnam is a party.

2. The Minister of Foreign Affairs shall sign and send notifications about terminating the effect, renouncing, withdrawing from, or temporarily suspending the implementation of multilateral international treaties to the depositary of such treaties.

Article 69. Registration of International Treaties

In cases where registration of international treaties is required, the Ministry of Foreign Affairs shall register at the Secretariat of the United Nations international treaties to which the Socialist Republic of Vietnam is a member.

Chapter VII

PROCEDURES AND DIPLOMATIC PROCEDURES FOR EXPEDITED PROCESSING

Article 70. Application of expedited procedures

1. Expedited procedures for negotiating, signing, amending, supplementing, or extending the validity period of international treaties shall be carried out according to the provisions of this Chapter.

2. Expedited procedures shall not be applied to negotiations, signing, amending, supplementing, or extending the validity period of international treaties within the purview of approval or decision to join or terminate the effect of the National Assembly.

3. Procedures for negotiating, signing, approving, amending, supplementing, or extending the validity period of international treaties on behalf of the Government concerning foreign borrowing shall be implemented in accordance with the laws on public debt management.

Article 71. Simultaneous Proposal for Negotiation and Signing of International Treaties

If the proposing agency determines the content and collects all necessary documents in the proposal dossier for signing an international treaty as stipulated in Article 17 of this Law before negotiation, it may simultaneously propose negotiation and signing of the international treaty.

Article 72. Negotiating and Signing International Treaties According to Expedited Procedures

1. Expedited procedures shall be applied in the following cases:

a) Standard international treaties defined in international treaties between the Socialist Republic of Vietnam and the same foreign contracting party or according to a model approved by the competent authority;

b) As decided by the competent authority.

2. Expedited procedures for negotiating and signing international treaties shall be carried out as follows:

a) Agencies and organizations consulted as provided in point c, Clause 1, Article 9 of this Law shall provide written responses within five days from the date of receipt of the consultation dossier;

b) Agencies and organizations consulted as provided in Clause 2, Article 13 of this Law, inspection agencies, and international treaty review agencies shall provide written responses within five days from the date of receipt of the consultation dossier, inspection requests, and review requests;

c) The dossier for requesting inspection of an international treaty includes the documents specified in Clauses 1, 2, 5, and 6 of Article 19 of this Law;

d) The dossier for requesting review of an international treaty includes the documents specified in points a, b, d, and đ of Clause 1, Article 21 of this Law;

đ) The dossier submitted for signing an international treaty includes the documents specified in Clauses 1, 2, and 6 of Article 17 of this Law;

e) The report on signing an international treaty must include an assessment of the political, defense, security, economic, and social impacts of the international treaty, an assessment of the compatibility of the proposed international treaty with other international treaties in the same field to which the Socialist Republic of Vietnam is a member, and an assessment of the consistency between the provisions of the international treaty and Vietnamese law.

Article 73. Amending and supplementing international treaties through simplified procedures

1. For amendments and supplements to international treaties that are merely technical in nature and in cases where a new international treaty is not signed to amend or supplement, the proposing agency is not necessarily required to seek opinions from agencies and organizations related as stipulated in point a, Clause 5, Article 54 of this Law before submitting to the Government. In cases where opinions are sought, the agency providing opinions shall be responsible for responding in writing within five days from the date of receiving complete opinion-seeking documents.

2. Where an international treaty designates an agency to amend and supplement the treaty, such agency shall decide on amending and supplementing the treaty, except when the competent authority deciding to accept the binding nature of the international treaty decides otherwise.

3. In the case stipulated in Clause 2 of this Article, the competent authority deciding to amend and supplement the international treaty shall immediately notify the Ministry of Foreign Affairs and relevant agencies about the contents that have been amended and supplemented.

4. The dossier submitted for amending and supplementing international treaties through simplified procedures includes the documents prescribed in Clause 6, Article 54 of this Law, excluding the opinions of related agencies and organizations.

Article 74. Extending the validity period of international treaties through simplified procedures

1. In cases where extending the validity period of an international treaty is merely technical in nature, the proposing agency is not necessarily required to seek opinions from agencies and organizations related as stipulated in point a, Clause 5, Article 54 of this Law.

2. The dossier submitted for extending the validity period of international treaties through simplified procedures includes the documents prescribed in Clause 6, Article 54 of this Law, excluding the opinions of related agencies and organizations.

Article 75. Refusal to apply simplified procedures

In cases where simplified procedures are refused, the competent authority deciding to negotiate, sign, amend, supplement, or extend the validity period of international treaties shall return the dossier and request the submitting agency to follow the regular procedures or request the submitting agency to supplement the dossier.

Chapter VIII

IMPLEMENTATION OF INTERNATIONAL TREATIES

Article 76. Plan for Implementing International Treaties

1. The Prime Minister is responsible for organizing the implementation of international treaties to which the Socialist Republic of Vietnam is a party, approving the implementation plan, and deciding on guidance measures, management measures, or other measures to implement international treaties.

2. After seeking opinions from relevant agencies and organizations, the proposing agency shall base on the nature and content of the international treaty and its own tasks and powers to build an implementation plan for the international treaty and submit it to the Prime Minister within fifteen days from the date of receiving the notification from the Ministry of Foreign Affairs regarding the entry into force of the international treaty.

3. In cases where the proposing agency is not the main implementing agency for the international treaty, the proposing agency shall submit to the Prime Minister to decide on the main implementing agency for the international treaty within fifteen days from the date the competent authority deciding to accept the binding nature of the international treaty.

The main implementing agency for the international treaty shall be responsible for performing the tasks of the proposing agency as prescribed in Clauses 2 and 5 of this Article, Article 79 and Article 80 of this Law.

4. The implementation plan for international treaties shall include the following contents:

a) Implementation roadmap for international treaties;

b) Proposed allocation of responsibilities among state agencies in organizing the implementation of international treaties;

c) Proposed content for amending, supplementing, abolishing, or issuing regulatory legal documents to implement international treaties;

d) Organizational, management, financial measures, and other necessary measures to implement international treaties;

đ) Propaganda and dissemination of international treaties.

5. After the implementation plan for international treaties is approved, the proposing agency and related agencies and organizations within their respective tasks and powers shall be responsible for organizing the implementation of the plan.

Article 77. Responsibilities of the Ministry of Foreign Affairs in Implementing International Treaties

1. Monitor and urge the implementation of international treaties to which the Socialist Republic of Vietnam is a party.

2. Take the lead or coordinate in implementing necessary measures to protect the rights and interests of the Socialist Republic of Vietnam when a foreign contracting party violates an international treaty.

3. Report to the Government and the Prime Minister on an annual basis or upon request; report to the State President upon request regarding the implementation of international treaties.

Submit to the Government for reporting to the National Assembly on the situation of signing and implementing international treaties on an annual basis or upon request of the National Assembly.

4. Take the lead or coordinate in organizing propaganda and dissemination of international treaties to which the Socialist Republic of Vietnam is a party.

5. Statistic and review international treaties to which the Socialist Republic of Vietnam is a party.

Article 78. Responsibilities of the Ministry of Justice in Implementing International Treaties

1. Urge the drafting, submission for promulgation, amendment, supplementation, abolition of regulatory legal documents to implement international treaties.

2. Review the compliance of regulatory legal documents with international treaties to which the Socialist Republic of Vietnam is a party.

Article 79. Responsibilities of the Proposing Agency in Implementing International Treaties

1. Develop a roadmap and specific measures to implement international treaties that have taken effect for the Socialist Republic of Vietnam proposed by its own agency.

2. Recommend or issue, amend, supplement, abolish regulatory legal documents to implement international treaties that have taken effect for the Socialist Republic of Vietnam proposed by its own agency.

3. Recommend the Prime Minister or itself carry out directive, administrative measures or other measures to implement international treaties proposed by its own agency.

4. Take the lead or coordinate in organizing propaganda and dissemination of international treaties that have taken effect for the Socialist Republic of Vietnam proposed by its own agency.

5. Recommend the Prime Minister necessary measures to protect the rights and interests of the Socialist Republic of Vietnam when international treaties proposed by its own agency are violated.

6. Draft reports on the situation of signing and implementing international treaties within its scope of state management to be submitted to the Ministry of Foreign Affairs for consolidation and submission to the Prime Minister no later than November 15 each year. Reports of the proposing agency shall be prepared according to the template issued by the Ministry of Foreign Affairs.

In case of request, the proposing agency shall report to the State President and the Government on the situation of signing and implementing international treaties.

7. Take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations to recommend the Prime Minister to decide on the interpretation and application of provisions of international treaties in cases where there are differences in their interpretation and application.

Article 80. Responsibilities of Agencies, Organizations, and Individuals

1. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, ministries, ministerial-level agencies, provincial People's Committees under central cities, within their respective functions and powers, take the lead or coordinate with the proposing agency to implement international treaties to which the Socialist Republic of Vietnam is a party.

2. Agencies, organizations, and individuals are responsible for complying with international treaties to which the Socialist Republic of Vietnam is a party.

Chapter IX

STATE MANAGEMENT OF INTERNATIONAL TREATIES

Article 81. Contents of State Management over International Treaties

1. Issuing and organizing the implementation of normative legal documents on international treaties.

2. Organizing and ensuring the implementation of international treaties to which the Socialist Republic of Vietnam is a party.

3. Propagating and disseminating international treaties to which the Socialist Republic of Vietnam is a party.

4. Propagating, disseminating, and guiding the enforcement of laws on international treaties.

5. Archiving, preserving, copying, translating, publishing, and registering international treaties.

6. Statistics and review of international treaties.

7. Developing long-term and annual plans for concluding and implementing international treaties.

8. Reporting on the situation of concluding and implementing international treaties.

9. Inspecting, auditing, rewarding, and handling violations of laws on international treaties.

10. Resolving complaints and reports related to the conclusion and implementation of international treaties.

11. International cooperation in the work of international treaties.

Article 82. State Management Agencies over International Treaties

1. The Government uniformly manages state affairs over international treaties.

2. The Ministry of Foreign Affairs is responsible before the Government for managing state affairs over international treaties.

3. Ministries, ministerial-level agencies, provincial People's Committees, and centrally governed city People's Committees, within their respective duties and authorities, coordinate with the Ministry of Foreign Affairs in managing state affairs over international treaties.

Article 83. Funding for International Treaty Work

1. The State ensures funding for activities related to concluding and implementing international treaties.

2. The Government shall provide detailed regulations for this Article.

Chapter X

IMPLEMENTING PROVISIONS

Article 84. Effective Date

1. This Law shall take effect from July 1, 2016.

2. The Law on the Conclusion, Accession, and Implementation of International Treaties No. 41/2005/QH11 shall cease to be effective from the date this Law takes effect.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, 11th session, on April 9, 2016.