Decree No. 161/1999/NĐ-CP detailing the implementation of certain provisions of the Ordinance on the conclusion and performance of international treaties

DECREE OF THE GOVERNMENT

Regulations on the Implementation of Certain Provisions of the Ordinance on the Conclusion and Implementation of International Treaties

 ____________________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Ordinance on the Conclusion and Implementation of International Treaties dated August 20, 1998;

At the request of the Minister of Foreign Affairs,

DECREE:

Article 1. General Provisions

1.This Decree stipulates on procedures and formalities related to the conclusion and implementation of international treaties by Vietnam.

2.The provisions of this Decree shall apply to:

a.International treaties concluded in the name of the State;

b.International treaties concluded in the name of the Government;

c.International treaties concluded in the name of the Supreme People's Court and the Supreme People's Procuracy;

d.International treaties concluded in the name of Ministries and sectors.

Article 2. Proposing Policies for Negotiation and Signing of International Treaties

1.Authorities concerned shall propose policies for negotiation and signing of international treaties based on their assigned functions, powers, and international cooperation needs., Such proposals shall be made to the competent state agency (hereinafter referred to as the proposing agency).

2.The proposing agency is responsible for drafting the draft international treaty on behalf of Vietnam.

In cases where the international treaty is proposed by the foreign party or an international organization, the proposing agency shall study such draft to develop the draft on behalf of Vietnam.

3.During the process of proposing negotiations and signing of international treaties, depending on the nature and content of the issue, the proposing agency shall seek opinions from the Ministry of Foreign Affairs and relevant ministries and sectors at least 15 days before submitting to the Government. For international treaties containing clauses that contradict or are not provided for in legal regulatory documents issued by the National Assembly or the Standing Committee of the National Assembly, the aforementioned period shall be at least 30 days..

4.The document seeking opinions shall include the contents specified in Points a, b, c, d, and e of Clause 4, Article 5 of the Ordinance (hereinafter referred to as the Ordinance). For multilateral international treaties, the document seeking opinions shall include the contents specified in Clause 4, Article 12 of the Ordinance.

Within ten days from the date of receipt of the document seeking opinions, the agency asked for opinions shall be responsible for providing its opinion in writing to the proposing agency regarding the draft international treaty.

5.The proposing agency shall be responsible for studying the opinions of relevant agencies, perfecting the draft international treaty for submission to the Government. After studying the opinions of relevant agencies, if it deems necessary for the draft international treaty to undergo review, the proposing agency must submit the draft international treaty to the Ministry of Justice for review.

Article 3. Review of Draft International Treaties

1.In cases where the draft international treaty contains clauses that contradict or are not provided for in legal regulatory documents issued by the National Assembly or the Standing Committee of the National Assembly, the proposing agency shall submit the draft along with relevant information and documents to the Ministry of Justice for review. If necessary, upon request of the Ministry of Justice, the proposing agency must present the draft international treaty directly.

2. The dossier submitted to the Ministry of Justice for review includes:

a.A letter requesting review, specifying the handling plan for clauses that contradict or are not provided for in legal regulatory documents issued by the National Assembly or the Standing Committee of the National Assembly;

b.A report to the Government on the negotiation and signing of the international treaty as prescribed in Clause 4, Article 5 of the Ordinance;

c.The completed draft international treaty submitted by the proposing agency to the Government for consideration and a summary of opinions from relevant agencies;

d.A draft report of the Government to the President (if the international treaty is signed in the name of the State).

3.The number of dossiers submitted for review is five sets..

Article 4. Responsibilities of the Ministry of Justice in reviewing draft international treaties

1. Upon receiving the dossier requesting review of international treaties from theproposing agency, the Ministry of Justice conducts the review to ensure qualityand the time limit for the review. In necessary cases, the Minister of Justice maydecide to establish an International Treaty Review Board.

2. For draft international treaties proposed for signature by the Ministry of Justice thatcontain provisions contrary to or not provided for in legal normative documentsissued by the National Assembly or the Standing Committee of the NationalAssembly, the members of the International Treaty Review Board established bythe Minister of Justice must include representatives from the Ministry of ForeignAffairs, the Government Office, and relevant ministries and sectors.

3. Within fifteen days from the date of receipt of the dossier requesting review ofinternational treaties, the Ministry of Justice shall conduct the review and sendthe results in writing to the proposing agency, the Ministry of Foreign Affairs, andthe Government Office.

For international treaties requiring review where the proposing agency is theMinistry of Justice, in the report submitted to the Government, the Ministry ofJustice must attach the opinion of the International Treaty Review Board alongwith the draft international treaty.

Article 5. Content of the review of draft international treaties

The Ministry of Justice reviews the constitutionality, conformity, and consistencyof the draft international treaty with legal normative documents issued by theNational Assembly or the Standing Committee of the National Assembly andpresents clear opinions on the recommendations of the proposing agency regardingthe handling of provisions contrary to or not provided for in legal normativedocuments issued by the National Assembly or the Standing Committee of theNational Assembly.

Article 6. Procedures for negotiating and signing international treaties

1. The proposing agency submits the dossier for negotiation and signing ofinternational treaties to the Government. The dossier for negotiation and signingof international treaties includes:

a) A report containing the contents prescribed in Clause 4, Article 5 of the Ordinance,including clearly presenting any differing opinions (if any) between the proposingagency and relevant agencies, while also proposing a handling plan. Forinternational treaties related to official development assistance (ODA), it isnecessary to comply with the relevant Decrees of the Government;

b) The completed draft international treaty (if necessary, including differentapproaches for handling); submitted by the proposing agency for consideration and consolidation ofopinions from relevant agencies;

c) The draft report of the Government to be submitted to the State President (if theinternational treaty is signed in the name of the State).

2. If the draft international treaty contains provisions contrary to or not provided forin legal normative documents issued by the National Assembly or the StandingCommittee of the National Assembly, after considering the opinion of the Ministryof Justice, the Government will decide to submit the draft international treaty forconsideration by the Standing Committee of the National Assembly.

Article 7. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Authority to negotiate and sign international treaties

1. Negotiating and signing international treaties must be authorized by the StatePresident (for international treaties signed in the name of the State), theGovernment (for international treaties signed in the name of the Government), orthe head of the ministry or sector (for international treaties signed in the nameof the ministry or sector). 2. The person authorized to sign international treaties in the name of the State or theGovernment must be a leader of a ministry or sector. In special cases, thecompetent state agency will decide the rank of the authorized signer based onthe opinion of the Ministry of Foreign Affairs. The person signing internationaltreaties in the name of a ministry or sector is authorized by the head of theministry or sector.

3. In the case of international treaties signed abroad where Vietnam does not haveconditions to send someone to sign, after reaching an agreement with theMinistry of Foreign Affairs, the proposing agency recommends the competentstate agency to authorize the head of the diplomatic mission or delegationrepresenting the Socialist Republic of Vietnam at international organizations tosign. 4. Based on the written decision of the competent state agency allowing negotiationand signing of international treaties, the Ministry of Foreign Affairs handles theprocedure for issuing authorization letters from the State President and the PrimeMinister; handles the authorization procedure of the Government. In the case where the authorization decision does not specify clearly, except forurgent cases, five (05) days before negotiating and signing international treaties, theproposing agency has the responsibility to notify the Ministry of Foreign Affairsabout the full name, position, and full name in Vietnamese and foreign languagesof the authorized negotiator and signer.

5. The Minister of Foreign Affairs signs to confirm the authorization of the StatePresident, the Government, and the Prime Minister when negotiating and signinginternational treaties in the name of the State and the Government. In the absenceof the Minister of Foreign Affairs, the Deputy Minister of Foreign Affairs isauthorized to sign in their place. In the case where the authorization letter must necessarily be signed by the StatePresident or the Prime Minister, the Ministry of Foreign Affairs is responsible forpreparing the authorization letter for the State President and the Prime Minister tosign.

6. Authorization letters for signing international treaties in the name of the SupremePeople's Court, the Supreme People's Procuracy, and ministries and sectors areissued by the Chief Justice of the Supreme People's Court, the Procurator Generalof the Supreme People's Procuracy, and the heads of ministries and sectors.

When requested, the Ministry of Foreign Affairs is responsible for guiding theproposing agency on the procedures for issuing authorization letters from theSupreme People's Court, the Supreme People's Procuracy, and ministries andsectors when negotiating and signing international treaties in the name of theSupreme People's Court, the Supreme People's Procuracy, and ministries andsectors.

Signing international treaties

1. Draft international treaties agreed upon by both parties need to be signed in shortform before the formal signing, unless otherwise agreed by the parties.

2. Before signing in short form or formally, the proposing agency has the responsibilityto carefully check and compare the Vietnamese text with the foreign language text.All Vietnamese and foreign language texts must be consistent in content andformat.

3. All international treaties signed in the name of the State and the Government mustbe affixed with the seal of the Ministry of Foreign Affairs when signed withinVietnam; stamped with the seals of Vietnamese diplomatic missions when signedabroad, except in cases where the signing procedures of the host country orinternational organization provide otherwise.

Article 8.Signing international treaties

1.The draft international treaty between the two Parties, which has been agreed uponby the Parties, shall be signed before the formal signing, unless the Parties havereached a different agreement.

2.Before signing either the provisional or the formal version, the proposing agencyshall have the responsibility to carefully review and compare the Vietnamese textwith the foreign language text. The Vietnamese and foreign language texts mustbe consistent in both content and form.

3.All international treaties signed in the name of the State and Government must bearthe seal and embossing stamp of the Ministry of Foreign Affairs when signed within the country; they must bear the embossing stamp of Vietnamese diplomaticrepresentative agencies when signed abroad, except where the host country's orinternational organization's procedures provide otherwise.

The proposing agency shall contact the Ministry of Foreign Affairs or the diplomaticrepresentative office of Vietnam abroad to arrange for affixing seals and stamping.

4.The proposing agency is responsible for organizing the signing ceremony. Theceremony must be conducted solemnly, with the table displaying the flag ofVietnam and the flag of the foreign country or the flag of the relevant internationalorganization.

5.In cases where permission from the competent state authority has been granted butnegotiations and signing of the international treaty cannot be organized, theproposing agency must promptly report to the Government and inform theMinistry of Foreign Affairs.

6.Within seven days after the bilateral international treaty is signed, the proposingagency is responsible for submitting the original copy of the international treatyto the Ministry of Foreign Affairs.

In cases where the head of the diplomatic representative office or the permanentdelegation of the Socialist Republic of Vietnam to international organizationssigns an international treaty, the signatory is responsible for reporting andsending the original copy of the signed international treaty to the Ministry ofForeign Affairs as soon as possible. The Ministry of Foreign Affairs will notify theproposing agency about the results of the signing.

For cases involving the signing or accession to multilateral international treaties,within seven days from receiving the official text of the international treaty, theproposing agency is responsible for submitting this document to the Ministry ofForeign Affairs.

Article 9Procedures for submitting international treaties for ratification

1.The ratification of international treaties is carried out in accordance with theprovisions of Articles 9 and 10 of the Ordinance.

2.In cases where international treaties require ratification, within fifteen days fromthe date of signing, the proposing agency is responsible for seeking the opinion ofthe Ministry of Foreign Affairs before submitting to the Government. The documentsubmitted to the Government includes a report to the Government (accompaniedby the written opinion of the Ministry of Foreign Affairs) and a draft report of theGovernment requesting the President to ratify.

3.Time limit for submitting the ratification document:

a)Fifteen days from the date of signing the international treaty;

b)Fifteen days from the date the delegation returns to the country, in cases whereVietnam sends representatives to sign abroad;

c)Fifteen days from the date the proposing agency receives a copy of the internationaltreaty signed by the head of the diplomatic representative office or the head of thepermanent delegation of Vietnam to international organizations.

4.In cases where the President decides to submit the international treaty forratification to the National Assembly, the proposing agency is responsible forcooperating with the Office of the President to prepare the report of the Presidentfor submission to the National Assembly.

Article 10.Procedures for submitting international treaties for approval

1.The approval of international treaties is carried out in accordance with theprovisions of Articles 9 and 11 of the Ordinance.

2.In cases where international treaties need to be approved or have provisionsregarding the completion of necessary legal procedures, the proposing agency isresponsible for seeking the opinion of the Ministry of Foreign Affairs beforesubmitting to the Government for approval.

3.Time limit for submitting the document for approval:

a)Fifteen days from the date of signing the international treaty;

b)Fifteen days from the date the delegation returns to the country, in cases whereVietnam sends representatives to sign abroad;

c)Fifteen days from the date the proposing agency receives a copy of the internationaltreaty in cases where the treaty was signed by the head of the diplomaticrepresentative office or the head of the permanent delegation of Vietnam tointernational organizations.

Article 11Procedures for submitting international treaties for accession

1.Accession to multilateral international treaties is based on the provisions ofArticles 5 and 12 of the Ordinance.

2.For multilateral international treaties where accession is decided by the Government,the proposing agency prepares a report for the Government's decision. Formultilateral international treaties where accession is decided by the Presidentaccording to Article 12 of the Ordinance, the proposing agency is responsible fordrafting the Government's report for submission to the President for decision.

3.Documents submitted to the Government for proposing accession to multilateraltreaties include:

a)A report proposing accession with contents specified in Articles 5 and 12 of theOrdinance, particularly detailing financial obligations;

b)The official text of the international treaty and its Vietnamese translation;

c)Information related to the multilateral international treaty: List of parties to thetreaty, supplementary and amendment documents (if any), reservations anddeclarations made by other contracting parties, and provisions regarding necessarylegal procedures;

d)Written opinions of the Ministry of Foreign Affairs and relevant ministries andsectors;

e)Draft report of the Government for submission to the President (for multilateraltreaties where accession falls under the President's jurisdiction).

Article 12Diplomatic procedures for ratification, approval, and accession to internationaltreaties

Within seven days from the date of the President's or National Assembly's decisionon ratification or accession, or the Government's decision on approval or accession,the proposing agency is responsible for sending all related documents on theinternational treaty to the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs will notify the other contracting party or thedepositary of the multilateral international treaty about Vietnam's ratification,approval, or accession.

When the other contracting party completes the ratification procedures for thebilateral international treaty signed with Vietnam, the Ministry of Foreign Affairswill proceed with the exchange of ratification letters with the foreign side.

2.The proposing agency is responsible for providing the Ministry of Foreign Affairswith the necessary information to ensure timely and complete implementation ofdiplomatic procedures for ratification, approval, and accession.

Article 13Copies of international treaties

Within ten days from the date the international treaty enters into force, the Ministryof Foreign Affairs is responsible for making copies of the international treaty andsending them to the National Assembly Office, the President's Office, and thePrime Minister's Office for reporting purposes, while also sending them to relevantagencies for implementation.

Article 14.Publication of international treaties

1.Within five days from receiving a copy of the international treaty that has enteredinto force, the Prime Minister's Office is responsible for publishing it in theOfficial Gazette, unless otherwise agreed between the contracting parties ordecided differently by the President or the Government.

2.Every year, the Ministry of Foreign Affairs is responsible for organizing thecompilation and publication of the Yearbook of international treaties to whichVietnam has become a party.

Article 15. Implementation of international treaties

1. After an international treaty becomes effective, the agency proposing to signthe treaty shall, based on the content of the treaty and its functions and duties,submit to the Government a specific plan for organizing the implementation ofthat international treaty.

In cases where the implementation of an international treaty requires amending, supplementing, abolishing, or promulgating regulatory legal documents ofVietnam, the agency proposing to sign the treaty and relevant state agencies shallbe responsible for amending, supplementing, abolishing, or promulgating suchregulatory legal documents themselves or recommending to the competent stateagency to do so in a timely manner in accordance with the Law on EnactingRegulatory Legal Documents.

2. Unless otherwise provided, annually, the agency proposing to sign an international treaty shall report tothe Government on the implementation of the international treaty and at the sametime inform the Ministry of Foreign Affairs to coordinate and monitor theimplementation of the international treaty by other contracting parties, andpromptly recommend measures to protect Vietnam's interests when other contractingparties violate their obligations.

3. In cases where multilateral international treaties stipulate the obligation toreport on Vietnam's implementation, the agency proposing to sign suchinternational treaties shall be responsible for preparing Vietnam's reports.

Delegation to attend international conferences related to the implementation ofmultilateral international treaties shall be carried out in accordance with Article7 of the Decree.

Article 16. Procedures for amending, supplementing, and extending internationaltreaties

1. During the implementation of an international treaty, if relevant agencies findit necessary to amend or supplement the treaty, they shall raise the issue withthe agency proposing to sign the treaty. The agency proposing to sign the treatyshall be responsible for exchanging views with relevant agencies, and if itconsiders the proposal to amend or supplement the international treaty to beappropriate, it shall report to the competent state agency that decided onsigning or joining the international treaty for approval. After the competentstate agency approves the amendment or supplementation of the internationaltreaty, the agency proposing to sign the treaty shall cooperate with theMinistry of Foreign Affairs to implement the procedures for amending andsupplementing the treaty in accordance with regulations, except where theinternational treaty provides otherwise.

2. Within ninety days before the expiration of an international treaty, the agencyproposing to sign the treaty shall seek opinions from relevant agencies onextending or terminating the effectiveness of the international treaty andreport to the competent state agency that decided on signing the internationaltreaty for decision, except where the international treaty provides otherwise.

3. Amending, supplementing, and extending international treaties shall be carriedout in accordance with Article 25 of the Ordinance..

Article 17. Interpretation of international treaties

1. In cases where the contracting parties have different understandings andinterpretations of the content of an international treaty, within fifteen days ofreceiving a request for interpretation, the Ministry of Foreign Affairs shallissue a document requesting the agency proposing to sign the treaty to preparethe content of the interpretation of the international treaty to submit to theGovernment.

2. In cases where domestic relevant agencies have different understandings andinterpretations of the content of an international treaty, they shall directlysend requests for interpretation of the international treaty to the agencyproposing to sign the treaty or the Ministry of Foreign Affairs.

In cases where the document requesting the interpretation of the internationaltreaty is only sent to the Ministry of Foreign Affairs, within fifteen days ofreceiving the request for interpretation of the international treaty, the Ministryof Foreign Affairs shall issue a document requesting the agency proposing tosign the treaty to prepare the content of the interpretation of the internationaltreaty to submit to the Government.

3. Within ten days of receiving a request for interpretation from the Ministry ofForeign Affairs or domestic relevant agencies, the agency proposing to sign thetreaty shall be responsible for preparing a draft of the interpretation contentand seeking the written opinion of the Ministry of Foreign Affairs beforesubmitting to the Government. The Government shall issue a decision interpretingthe international treaties signed on behalf of the State or the Government. Forinternational treaties approved by the National Assembly or those containingprovisions contrary to or not provided for in regulatory legal documents issuedby the National Assembly or the Standing Committee of the National Assembly, theGovernment shall submit them to the Standing Committee of the NationalAssembly for interpretation.

4. In the case referred to in Clause 1 of this Article, within fifteen days of receiving the interpretation document from thecompetent state agency, the Ministry of Foreign Affairs shall notify the othercontracting party of this interpretation.

5. In the case referred to in Clause 2 of this Article, within five days ofreceiving the interpretation document from the competent state agency, theagency proposing to sign the treaty shall be responsible for notifying theMinistry of Foreign Affairs and the agency that requested the interpretation.

Article 18. Implementation Organization

This Decree takes effect fifteen days from the date of signature and replacesDecree No. 182/HĐBT dated May 28, 1992 detailing the implementation of the Ordinance on the signing and implementation of international treaties of theSocialist Republic of Vietnam.

Ministers, Heads of ministerial-level agencies, and Heads of agencies under theGovernment are responsible for implementing this Decree./.