Decision No. 26/2024/QĐ-TTg Issuing the Regulation on Coordination among Agencies in Signing Documents on Behalf of the Association of Southeast Asian Nations (ASEAN)

Pursuant to …;

Issuing regulations on coordination among agencies in signing documents in the name of the Association of Southeast Asian Nations (ASEAN)

Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Based on the Electricity Law dated November 30, 2024;

Pursuant to the Law on Treaties dated April 9, 2016;

Pursuant to the Law on Legislative Regulatory Acts issued in 2015 (amended and supplemented in 2020);

Pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Legislative Regulatory Acts;

Pursuant to Decree No. 59/2024/NĐ-CP dated May 25, 2024 of the Government amending and supplementing certain articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Legislative Regulatory Acts which has been amended and supplemented certain articles pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government;

Pursuant to Decree No. 81/2022/NĐ-CP dated October 14, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

To implement the ASEAN Charter;

At the proposal of the Minister of Foreign Affairs;

The Prime Minister issues this Decision on Regulations on Coordination Among Agencies in Signing Documents in the Name of the Association of Southeast Asian Nations (ASEAN).

Clause 4 of Article 6Attached to this Decision are the Regulations on Coordination Among Agencies in Signing Documents in the Name of the Association of Southeast Asian Nations (ASEAN).

Article 2. This Decision shall take effect from February 15, 2025.

Article 3. Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government are responsible for implementing this Decision.

REGULATIONS

On coordination among agencies in signing documents in the name of the Association of Southeast Asian Nations (ASEAN)

(Attached to Decision No. 26/2024/QĐ-TTg dated December 31, 2024 of the Prime Minister)

Article 1. Scope of Regulation

Article 1. These regulations provide for the mechanism of coordination among ministries, ministerial-level agencies, and agencies under the Government in submitting to the Prime Minister proposals regarding Vietnam's stance on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, abandoning, or withdrawing from documents in the name of the organization with external partners outside ASEAN.

Article 2. Documents in the name of ASEAN are documents signed between ASEAN as an intergovernmental international organization and external partners outside ASEAN according to international law; they are not treaties that create, change, or terminate rights and obligations of the State of Vietnam or the Government of Vietnam; nor are they international agreements in the name of the State of Vietnam or the Government of Vietnam.

Article 2. Applicability

These regulations apply to ministries, ministerial-level agencies, and agencies under the Government participating in ASEAN cooperation as assigned by the Prime Minister.

Article 3. Principles for determining Vietnam's stance on ASEAN signing documents in the name of ASEAN

Clause 1. Not contrary to national interests, consistent with the foreign policy of the Socialist Republic of Vietnam.

Clause 2. Consistent with the ASEAN Charter and ASEAN regulations, particularly the ASEAN Rules on Treaty-Making Procedures.

Clause 3. Documents submitted to the Prime Minister in accordance with these regulations must ensure the principle of not creating, changing, or terminating rights and obligations of the State of Vietnam or the Government of Vietnam according to international law.

Article 4. Procedure for proposing Vietnam's viewpoint on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents in the name of ASEAN

Clause 1. The proposing agency shall seek written opinions from the Ministry of Foreign Affairs and relevant agencies on Vietnam's viewpoint regarding ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents in the name of ASEAN.

The dossier for seeking opinions from agencies includes:

a) A request for opinion, draft memorandum to the Prime Minister proposing Vietnam's viewpoint on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents, specifying the requirements, purpose, main content of the document, and the assessment of the proposing agency on compliance with the principles stipulated in Article 3 of this Regulation.

b) Draft document in a foreign language and its Vietnamese translation.

Clause 2. The Ministry of Foreign Affairs and agencies solicited for opinions shall be responsible for replying in writing within seven working days from the date of receipt of the complete dossier for seeking opinions from the proposing agency as prescribed in Clause 1 of this Article.

Clause 3. Based on the opinions of the Ministry of Foreign Affairs and relevant agencies, the proposing agency shall submit to the Prime Minister for consideration and decision on Vietnam's viewpoint on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents in the name of ASEAN.

The dossier submitted to the Prime Minister includes:

a) Memorandum to the Prime Minister proposing Vietnam's viewpoint on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents, specifying the requirements, purpose, content of the document, and the assessment of the proposing agency on compliance with the principles stipulated in Article 3 of this Regulation.

b) Draft document in a foreign language and its Vietnamese translation.

c) Explanation and incorporation of opinions from agencies.

Clause 4. The Prime Minister shall consider and decide in writing on Vietnam's viewpoint on ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents in the name of ASEAN, including the following contents:

a) Agreement or disagreement with ASEAN signing, adopting, amending, supplementing, extending, temporarily suspending, terminating, renouncing, or withdrawing from documents in the name of ASEAN;

b) Entrusting the Ministry of Foreign Affairs to carry out diplomatic procedures to authorize or not authorize the Secretary-General of ASEAN or ASEAN representative to sign documents in the name of ASEAN.

Article 5. Diplomatic Procedures

Within five working days from the date of receipt of the written decision of the Prime Minister as prescribed in Clause 4 of Article 4 of this Regulation, the Ministry of Foreign Affairs shall proceed with necessary diplomatic procedures as stipulated.

Article 6. Reporting and Notifying Responsibilities

When there is information about ASEAN signing a document, the proposing agency shall report in writing to the Prime Minister and notify relevant agencies about ASEAN having signed, adopted, amended, supplemented, extended, temporarily suspended, terminated, renounced, or withdrawn from a document./.