Decree No. 20/2002/NĐ-CP On Signing and Implementing International Agreements by Provinces, Central Cities, Political-Social Organizations, Social Organizations, and Social-Professional Organizations of the Socialist Republic of Vietnam

DECREE

OF THE GOVERNMENT DECREE NO. 20/2002/NĐ-CP ON FEBRUARY 20, 2002
ON THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS BY PROVINCES, CITIES UNDER THE CENTRAL GOVERNMENT, AND ORGANIZATIONS
POLITICAL - SOCIAL, SOCIAL, AND SOCIAL - PROFESSIONAL IN THE SOCIALIST REPUBLIC OF VIETNAM
WHEREAS, the Ordinance on the specific tasks and powers of the People's Councils and People's Committees at all levels dated July 3, 1996;

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

WHEREAS, to implement Article 34 of the Ordinance on the conclusion and implementation of international treaties dated August 20, 1998;

1. This Decree stipulates the authority, procedures, and formalities for concluding and implementing international agreements concluded by

At the request of the Minister of Foreign Affairs,

DECREE:

Article 1. Scope of Application

provinces, centrally governed cities (hereinafter referred to as provinces/cities) with equivalent administrative units or foreign organizations or by political-social, social, and social-professional organizations of Vietnam (hereinafter referred to as organizations) with foreign organizations, in the name of the province/city or organization., 2. This Decree does not apply to international treaties concluded by

provinces/cities or organizations pursuant to the authorization of the Government. In this Decree, the following terms shall be understood as follows:

Article 2. Definitions

1. "International agreement" means a document signed between a province/city

and an equivalent administrative unit or a foreign organization, or between an organization, and a foreign organization, with titles such as Agreement, Memorandum, Exchange Record, Cooperation Plan, or other titles. The international agreement referred to in this Decree is not an international treaty of the Socialist Republic of Vietnam. 2. "Province/city" refers to the People's Committee of provinces and centrally governed cities of Vietnam.

3. "Organization" refers to the central bodies of political-social, social, and social-professional organizations of Vietnam.

4. "Conclusion" means the legal act performed by a province/city or organization from negotiating, signing, or joining an international agreement until the international agreement becomes effective.

5. "Joining" means the legal act performed by a province/city or organization accepting the effect of a multilateral international agreement for that province/city or organization.

6. "Suspension of effect" means the temporary cessation by a province/city or organization of the implementation of the entire or part of an international agreement already concluded.

7. "Abolition" means the abandonment by a province/city or organization of the effect of an international agreement already concluded.

Principles for concluding international agreements

Article 3. 1. International agreements concluded in accordance with the provisions of this Decree must comply with the Constitution, normative legal documents issued by the National Assembly, the Standing Committee of the National Assembly, the Government, Ministries, and sectors; they must be consistent with the basic principles of international law, international treaties already concluded in the same field of cooperation of the Socialist Republic of Vietnam, the tasks and powers of the province/city, and the charter and purpose of activities of the organization.

2. International agreements shall be concluded on a voluntary and equal basis among the parties involved and in accordance with the authority, procedures, and formalities prescribed in this Decree.c.

3. An international agreement concluded in the name of a province/city or organization only binds the province/city or organization that has concluded the international agreement.

3. An international agreement concluded in the name of a province, city, or organization shall only be binding on the province, city, or organization that has concluded such international agreement.

CHAPTER II. COMPETENCE, PROCEDURE AND FORMALITIES FOR ENTERING INTO INTERNATIONAL AGREEMENTS

Article 4. COMPETENCE TO DECIDE ON ENTERING INTO INTERNATIONAL AGREEMENTS OF PROVINCES AND CITIES

1. Provinces and cities decide on entering into international agreements with equivalent administrative units or foreign organizations having friendly cooperative relations with Vietnam concerning issues related to fields within their competence as specified in the Ordinance on the Tasks and Powers of People's Councils and People's Committees at Each Level dated July 3, 1996., in accordance with the procedures and formalities prescribed in Article 5 of this Decree.

2. Provinces and cities must submit to the Prime Minister for deciding on entering into international agreements not provided for in Clause 1 of this Article, in accordance with the procedures and formalities prescribed in Article 6 of this Decree.

Article 5. PROCEDURES AND FORMALITIES FOR ENTERING INTO INTERNATIONAL AGREEMENTS WITHIN THE COMPETENCE TO DECIDE OF PROVINCES AND CITIES

1. Before proceeding to enter into international agreements as prescribed in Clause 1 of Article 4 of this Decree, provinces and cities must seek opinions in writing from the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field.

2. The opinion-seeking document shall include the following contents:

a) Requirements and purposes of entering into the international agreement, basic contents of the international agreement, draft of the international agreement in Vietnamese or in a foreign language with a Vietnamese translation attached;

b) Assessment of the impact of the planned international agreement on political, economic, social, financial aspects and other impacts.

3. Within fifteen days from the date of receipt of the opinion-seeking document, the ministries and sectors asked for opinions shall be responsible for replying in writing. In cases where additional time is needed for assessing the foreign signatory, the ministries and sectors must notify in writing the province or city.

4. Provinces and cities proceed to enter into the international agreement after receiving written opinions from the Ministry of Foreign Affairs and relevant ministries and sectors.

Article 6. PROCEDURES AND FORMALITIES FOR ENTERING INTO INTERNATIONAL AGREEMENTS THAT MUST BE SUBMITTED TO THE PRIME MINISTER FOR DECISION

1. Before submitting to the Prime Minister for deciding on entering into international agreements as prescribed in Clause 2 of Article 4 of this Decree, provinces and cities must seek opinions in writing from the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field as prescribed in Clause 2 of Article 5 of this Decree.

2. The document submitted to the Prime Minister shall include the following contents:

a) Requirements and purposes of entering into the international agreement, basic contents of the international agreement, draft of the international agreement in Vietnamese or in a foreign language with a Vietnamese translation attached;

b) Assessment of the impact of the planned international agreement on political, economic, social, financial aspects and other impacts;

c) Opinion Written comments of the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field.

3. Within thirty days from the date of receipt of the application document, the Prime Minister shall issue a written opinion on whether to permit or not to permit the entry into the international agreement.

4. Provinces and cities may only proceed to enter into the international agreement as prescribed in Clause 2 of Article 4 of this Decree after receiving a written approval from the Prime Minister.

Article 7. COMPETENCE TO DECIDE ON ENTERING INTO INTERNATIONAL AGREEMENTS OF ORGANIZATIONS

Based on their objectives, tasks, and powers, organizations shall submit to the management agency of their external activities for deciding on entering into international agreements with foreign organizations having friendly cooperative relations with Vietnam, in accordance with the procedures and formalities prescribed in Article 8 of this Decree.

Article 8. PROCEDURES AND FORMALITIES FOR ENTERING INTO INTERNATIONAL AGREEMENTS OF ORGANIZATIONS

1. Before submitting to the management agency of external activities for deciding on entering into international agreements as prescribed in Article 7 of this Decree, organizations must seek opinions in writing from the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field.

2. The opinion-seeking document for the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field shall include the following contents as follows:

a) Requirements and purposes of entering into the international agreement, basic contents of the international agreement, draft of the international agreement in Vietnamese or in a foreign language with a Vietnamese translation attached;

b) Assessment of the impact of the planned international agreement on political, economic, social, financial aspects and other impacts.

3. Within fifteen days from the date of receipt of the opinion-seeking document, the ministries and sectors asked for opinions shall be responsible for replying in writing. In cases where additional time is needed for assessing the foreign partner, the agency asked for opinions must notify in writing the organization.

4. After receiving written opinions from the ministries and sectors as prescribed in Clause 3 of this Article, the organization shall submit to its management agency of external activities a document requesting decision on entering into the international agreement with the following contents:

a) Requirements and purposes of entering into the international agreement, basic contents of the international agreement, draft of the international agreement in Vietnamese or in a foreign language with a Vietnamese translation attached;

b) Assessment of the impact of the planned international agreement on political, economic, social, financial aspects and other impacts;

c) Written comments of the Ministry of Foreign Affairs and relevant ministries and sectors managing the cooperation field.

5. Within thirty days from the date of receipt of the application document, the management agency of external activities shall issue a decision permitting or not permitting the entry into the international agreement as prescribed in Article 7 of this Decree.

6. Organizations may only proceed to enter into the international agreement after receiving a written approval from their management agency of external activities.

CHAPTER III. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 9. EFFECTIVENESS OF INTERNATIONAL AGREEMENTS

1. International agreements shall be effective in accordance with the provisions set forth in the agreement itself.

2. In cases where there are no provisions regarding effectiveness in the agreement, the agreement shall become effective based on the conditions agreed upon by the parties to the agreement.

Article 10. MANAGEMENT AND STORAGE OF INTERNATIONAL AGREEMENTS

Provinces, cities, and organizations are responsible for managing and storing original copies of international agreements.

Article 11. DUPLICATE OF INTERNATIONAL AGREEMENTS

1. Provinces and cities are responsible for making duplicates of international agreements they have signed and sending them to the Government for reporting purposes and to relevant ministries and sectors for coordination.

2. Organizations are responsible for making duplicates of international agreements they have signed and sending them to the foreign affairs management agency for reporting purposes and to relevant ministries and sectors for coordination.

3. In cases where international agreements are only signed in a foreign language, provinces, cities, and organizations are responsible for submitting a Vietnamese translation of the agreement along with it.

Article 12. AMENDMENT, SUPPLEMENTATION, OR EXTENSION OF INTERNATIONAL AGREEMENTS

1. The authority, procedures, and formalities related to the amendment, supplementation, or extension of international agreements shall be carried out in accordance with the provisions of this Decree concerning the authority, procedures, and formalities for signing international agreements.

2. The agency that decided to sign the international agreements mentioned in Article 4 and Article 7 of this Decree has the right to decide on the amendment, supplementation, or extension of such agreements.

3. The document seeking opinions from relevant ministries and sectors regarding the amendment, supplementation, or extension of international agreements shall include the following contents:

a) Requirements, objectives, and effects of the amendment, supplementation, or extension of the international agreement; the content of the amendments, supplements, or extensions;

b) Legal basis for the amendment, supplementation, or extension of the international agreement;

The document proposing the amendment, supplementation, or extension of the international agreement must be accompanied by a copy of the international agreement.

4. Within fifteen days from the date of receipt of the opinion-seeking document, the ministries and sectors asked for their opinions are responsible for replying in writing.

5. The document submitted to the Prime Minister or the foreign affairs management agency for deciding on the amendment, supplementation, or extension of the international agreement shall include the contents specified in points a and b of Clause 3 of this Article, the opinions of relevant ministries and sectors stated in Clause 4 of this Article, and a copy of the international agreement.

6. Within fifteen days from the date of receipt of the written approval of the Prime Minister or the foreign affairs management agency, the province, city, or organization shall notify the foreign signatories about the amendment, supplementation, or extension of the international agreement and proceed with the necessary procedures.

Article 13. SUSPENSION OF EFFECTIVENESS OR CANCELLATION OF INTERNATIONAL AGREEMENTS

1. International agreements may be suspended or cancelled in the following cases:

a) As stipulated in the agreement itself;

b) When there is a violation of the principles of signing as provided in Article 3 of this Decree or a serious violation of the international agreement by the foreign signatory.

2. The authority, procedures, and formalities related to the suspension or cancellation of international agreements shall be carried out in accordance with the provisions of this Decree concerning the authority, procedures, and formalities for signing international agreements.

3. The agency that decided to sign the international agreements mentioned in Article 4 and Article 7 of this Decree has the right to decide on the suspension or cancellation of such agreements.

4. The document seeking opinions from relevant ministries and sectors regarding the suspension or cancellation of international agreements shall include the following contents:

a) Reasons and legal basis for the suspension or cancellation of the international agreement;

b) Legal consequences of the suspension or cancellation of the international agreement;

The document proposing the suspension or cancellation of the international agreement must be accompanied by a copy of the international agreement.

5. Within fifteen days from the date of receipt of the opinion-seeking document, the ministries and sectors asked for their opinions are responsible for replying in writing.

6. The document submitted to the Prime Minister or the foreign affairs management agency for deciding on the suspension or cancellation of the international agreement shall include the contents specified in points a and b of Clause 4 of this Article, the opinions of relevant ministries and sectors stated in Clause 5 of this Article, and a copy of the international agreement.

7. Within fifteen days from the date of receipt of the written approval of the Prime Minister or the foreign affairs management agency, the province, city, or organization shall notify the foreign signatory about the suspension or cancellation of the international agreement and proceed with the necessary procedures.

CHAPTER IV. STATE MANAGEMENT OF THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 14. Contents of state management regarding the conclusion and implementation of international agreements

1. Issuing legal normative documents on the conclusion and implementation of international agreements.

2. Organizing and ensuring the implementation of international agreements.

3. Propagating, disseminating, and guiding the enforcement of laws on the conclusion and implementation of international agreements.

4. Statistics on international agreements.

5. Organizing storage and copying of international agreements.

6. Supervising, inspecting, auditing, and handling violations of legal provisions on the conclusion and implementation of international agreements.

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

Article 15. State management agencies for the conclusion and implementation of international agreements

1. The Ministry The Ministry of Foreign Affairs takes the lead, coordinating with the Government’s Organization and Cadre Department to assist the Government in performing state management functions for the conclusion and implementation of international agreements by provinces, cities, and organizations. Annually, the Ministry of Foreign Affairs has the responsibility to report to the Prime Minister on the situation of the conclusion and implementation of international agreements by provinces, cities, and organizations.

2. Provinces and cities have the responsibility to report to the Ministry of Foreign Affairs and the Government’s Organization and Cadre Department about the conclusion and implementation of international agreements in their name according to a regular schedule in September each year. In the report, it is necessary to clearly state difficulties, advantages, and propose specific measures to enhance the effectiveness of international cooperation and strictly implement international agreements they have concluded.

4. Establishing and issuing economic-technicalnorms, product and service standards, wage rates in accordance with Stateprovisions. LIMITATION includes responsibility NATIONAL report to the Ministry of Foreign Affairs, the Government’s Organization and Cadre Department, and the foreign affairs management agency of the organization about the conclusion and implementation of international agreements in the organization's name according to a regular schedule in September each year. In the report, it is necessary to clearly state difficulties, advantages, and propose specific measures to enhance the effectiveness of international cooperation and strictly implement international agreements they have concluded.

Article 16. Handling Violations

Agencies, organizations, and individuals who violate the provisions of this Decree shall be handled in accordance with the law.

CHAPTER V. PROVISIONS ON ENFORCEMENT

Article 17. Effectiveness

1. This Decree shall take effect fifteen days from the date of signature.

2. The Ministry of Foreign Affairs is responsible for taking the lead, coordinating with the Government’s Organization and Cadre Department and the Central Party’s External Relations Commission to guide the enforcement of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and municipal people's committees, and heads of organizations are responsible for enforcing this Decree.