Decision 36/2018/QD-TTg on procedures for signing and implementing agreements in the name of the Government and requesting the President to decide on signing agreements in the name of the State that are not international treaties was issued on August 24, 2018.

Pursuant to …;

PROVISIONS ON PROCEDURES FOR SIGNING AND IMPLEMENTING AGREEMENTS IN THE NAME OF THE GOVERNMENT AND PETITIONING THE STATE PRESIDENT TO DECIDE ON SIGNING AGREEMENTS IN THE NAME OF THE STATE THAT ARE NOT INTERNATIONAL TREATIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 138/2016/NĐ-CP dated October 1, 2016 of the Government promulgating the Working Regulations of the Government;

Pursuant to Resolution No. 13/NQ-CP dated February 8, 2018 of the Government at its regular meeting in January 2018;

At the proposal of the Minister of Foreign Affairs;

The Prime Minister issues this Decision to provide for procedures for signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements in the name of the Government; to petition the State President to decide on signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements in the name of the State that are not international treaties; and to provide for the organization of implementation of these agreements.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decision provides for procedures for signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements in the name of the Government; petitions the State President to decide on signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements in the name of the State that are not international treaties; and provides for the organization of implementation of these agreements.

2. Agreements provided for in Clause 1 of this Article have the following characteristics:

a) Content expressing intention, commitment, common understanding, agreement on cooperation, and may refer to international treaties and other international documents to which Vietnam is a party.

b) Do not change, create, terminate the rights and obligations of the Socialist Republic of Vietnam under international law and comply with the provisions of Vietnamese law.

c) Named as agreements, communiqués, declarations, letters of intent, memoranda, programs, plans, or other names, except for the specific names of international treaties (conventions, treaties, covenants, agreements).

3. This Decision does not apply to loan agreements, non-reimbursable aid, and non-governmental foreign aid with one or more foreign parties.

Article 2. Principles for signing, approving, and implementing agreements

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. Ensuring national interests, consistent with the foreign policy of the Socialist Republic of Vietnam, respecting national sovereignty, not interfering in internal affairs of other countries, and other fundamental principles of international law.

3. Consistent with international treaties to which the Socialist Republic of Vietnam is a party.

4. Do not change, create, terminate the rights and obligations of the State or Government, agencies, organizations, or citizens of Vietnam under international law.

Chapter II

PROCEDURE AND PROCEDURES

Article 3. Procedures for proposing to sign, approve, amend, supplement, temporarily suspend implementation, terminate, renounce, or withdraw from agreements

1. The proposing agency sends a file seeking opinions from the Ministry of Foreign Affairs and relevant agencies and organizations regarding signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements.

2. Agencies receiving opinions as stipulated in Clause 1 of this Article shall respond in writing within seven working days from the date of receipt of the opinion-seeking file.

3. After completing the file based on the comments as stipulated in Clause 2 of this Article, the proposing agency submits to the Government for decision on agreements in the name of the Government; and petitions the Government to submit to the State President for decision on agreements in the name of the State.

4. Based on the written decision of the competent authority, the proposing agency organizes the signing, approval, amendment, supplementation, temporary suspension of implementation, termination, renunciation, or withdrawal from agreements.

Article 4. Documents for soliciting opinions on proposals to sign, approve, amend, supplement, temporarily suspend implementation, terminate, abandon, or withdraw from agreements

1. Request document for soliciting opinions.

2. Draft report proposing signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements, specifying requirements and purposes; main contents of the agreement (if power of attorney is required, it must be clearly stated in the proposal document); impact assessment on political, economic, social aspects and other impacts; evaluation of compliance with principles stipulated in Article 2 of this Decision.

3. Draft agreement in Vietnamese and foreign languages, Vietnamese translation if the agreement is only signed or approved in a foreign language.

Article 5. Documents for submitting proposals to sign, approve, amend, supplement, temporarily suspend implementation, terminate, abandon, or withdraw from agreements

1. Report proposing signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements as prescribed in Clause 2 of Article 4 of this Decision.

2. Opinions of the Ministry of Foreign Affairs and related agencies and organizations; reports explaining and incorporating opinions of the Ministry of Foreign Affairs and related agencies and organizations and recommendations for handling measures.

3. Draft agreement in Vietnamese and foreign languages, Vietnamese translation if the agreement is only signed or approved in a foreign language;

Article 6. Application of simplified procedures

Simplified procedures apply to signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements on behalf of the Government in cases meeting the following conditions:

1. Signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements is consistent with policies and projects already approved by the Government, Prime Minister, or proposed by the Government, Prime Minister to competent authorities and approved by such authorities.

2. Urgent need due to political or diplomatic requirements.

3. Foreign party or parties do not require a power of attorney for signing the agreement.

Article 7. Procedures for proposing signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements through simplified procedures

1. The proposing agency sends a file seeking opinions from the Ministry of Foreign Affairs and relevant agencies and organizations regarding signing, approving, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from agreements.

2. Documents for soliciting opinions as prescribed in Clause 1 of this Article include:

a) Request document for soliciting opinions, clearly stating requirements and purposes of signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements; main contents of the agreement; impact assessment on political, economic, social aspects and other impacts; evaluation of compliance with principles stipulated in Article 2 of this Decision; reasons for applying simplified procedures.

b) Evidence proving application of simplified procedures as prescribed in Article 6 of this Decision.

c) Draft agreement in Vietnamese and foreign languages, Vietnamese translation if the agreement is only signed or approved in a foreign language.

3. Agencies solicited for opinions as prescribed in Clause 1 of this Article are responsible for responding in writing within four working days from the date of receipt of the solicitation documents.

4. Proposing agency is responsible for organizing signing, approving, amending, supplementing, temporarily suspending implementation, terminating, abandoning, or withdrawing from agreements in accordance with approved policies and projects as prescribed in Clause 1 of Article 6 of this Decision.

Article 8. Responsibility to Report to the Government, Prime Minister

1. Within seven working days from the date of signing, adopting, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from the agreement as prescribed in Clause 4, Article 7 of this Decision, the proposing agency shall be responsible for reporting to the Prime Minister.

2. In cases where there are differing opinions between the proposing agency and the consulted agency regarding the necessity of signing, adopting, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from the agreement; compliance with the principles stipulated in Article 2 of this Decision; application of the simplified procedures as prescribed in Article 6 of this Decision, the proposing agency shall be responsible for submitting to the Government for decision. The submission dossier shall include the documents prescribed in Article 5 of this Decision.

Article 9. Archiving the Original and Sending Copies of the Agreement

The proposing agency shall be responsible for archiving the original and sending copies of the agreement to the Ministry of Foreign Affairs and relevant agencies and organizations for notification within fifteen working days from the date of signing, adopting, amending, supplementing, temporarily suspending implementation, terminating, renouncing, or withdrawing from the agreement.

Chapter III

IMPLEMENTATION OF THE AGREEMENT

Article 10. Responsibility for Implementing the Agreement

The proposing agency or another agency assigned by the Prime Minister shall be responsible for:

a) Leading or coordinating the dissemination and popularization of international agreements, except in cases where there is a different agreement with the foreign signatory or it is a confidential document.

b) Recommending the Prime Minister or taking measures on their own to direct, manage, or take other measures to implement the agreement.

c) Leading or coordinating 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 the provisions of the agreement in cases where there are differences in interpretation and application of those provisions.

d) Recommending the Prime Minister necessary measures to protect the interests of the Socialist Republic of Vietnam in cases where the agreement is violated.

e) Preparing an annual report on the situation of signing and implementing agreements within the scope regulated by this Decision to be submitted to the Ministry of Foreign Affairs no later than November 15 each year, according to the template issued by the Ministry of Foreign Affairs, to be compiled into the Report on the Situation of Treaty Work, International Agreements submitted to the Prime Minister; preparing ad hoc reports as required by competent authorities.

2. Within the scope of their duties and authority, ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities, agencies, organizations, and individuals shall be responsible for cooperating with the proposing agency or another agency assigned by the Prime Minister to implement the agreement.

Article 11. Effective Date

This Decision takes effect from October 10, 2018.

Article 12. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, and heads of government agencies are responsible for implementing this Decision./.