Circular No. 54/2021/TT-BCA on international treaties and agreements work in the People's Public Security

CIRCULAR

Regulations on international treaty work and international agreement work

within the People's Public Security Force

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

Pursuant to the International Agreement Law dated November 13, 2020;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

The Minister of Public Security issues this Circular to regulate international treaty work and international agreement work within the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates principles, authority, procedures, and formalities for signing, reservation, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, temporary suspension of implementation, organization of implementation of international treaties; principles, authority, procedures, and formalities for signing, amendment, supplementation, extension, termination of effect, withdrawal, temporary suspension of implementation, organization of implementation of international agreements and other activities related to international treaty work and international agreement work within the People's Public Security.

Article 2. Applicability

This Circular applies to units under the Ministry of Public Security and Public Security of provinces and centrally governed cities (hereinafter collectively referred to as Public Security units and localities); officers and soldiers of the People's Public Security and agencies, organizations, and individuals related to international treaty work and international agreement work.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. International treaty work within the People's Public Security is an activity related to the signing, reservation, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, temporary suspension of implementation, organization of implementation of international treaties within the scope of management of the Ministry of Public Security.

2. International agreement work within the People's Public Security is an activity related to the signing, amendment, supplementation, extension, termination of effect, withdrawal, temporary suspension of implementation, organization of implementation of international agreements within the scope of management of the Ministry of Public Security.

Article 4. Principles for signing and implementing international treaties and agreements within the People's Public Security

1. Ensuring compliance with the Constitution, laws of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member; consistent with foreign policy of the Party and State.

2. Adhering to the principles stipulated in Article 3 of the Law on International Treaties 2016 and Article 3 of the Law on International Agreements 2020.

3. Creating a legal basis for international cooperation to protect national security, ensure social order and safety, and combat crime.

4. Adhering to the procedures, formalities, and authority for proposing to sign and implement international treaties as prescribed in the Law on International Treaties 2016; proposing to sign and implement international agreements as prescribed in the Law on International Agreements 2020 and the provisions of this Circular.

5. Signing and implementing international treaties and agreements must be based on the capacity and resources of the Ministry of Public Security, Public Security units and localities to ensure feasibility and effectiveness.

Article 5. Management of international treaty work and international agreement work within the People's Public Security

1. Contents of management of international treaty work and international agreement work within the People's Public Security include:

a) Issuing legal normative documents on international treaties and agreements within the scope of management of the Ministry of Public Security;

b) Developing long-term and annual plans for signing and implementing international treaties and agreements of the Ministry of Public Security;

c) Reporting on the situation of signing and implementing international treaties and agreements of the Ministry of Public Security;

d) Proposing, signing, amending, supplementing, renouncing, withdrawing, reserving, withdrawing reservations, temporarily suspending, organizing implementation of international treaties and agreements within the scope of management of the Ministry of Public Security;

đ) Reviewing and examining the proposal files for signing international treaties proposed by Public Security units and localities; reviewing and examining the proposal files for signing international agreements proposed by Public Security units and localities;

e) Participating in commenting on draft international treaties and agreements, plans for organizing implementation of international treaties and agreements proposed by ministries, sectors, agencies, and organizations;

g) Evaluating security and order impacts during the process of signing and implementing international treaties and agreements as prescribed;

h) Issuing or submitting to the competent authority for approval the plan for organizing implementation of international treaties and agreements within the People's Public Security according to authority;

i) Organizing statistics, review, systematization, storage, copying, translation, database construction, and posting of international treaties and agreements within the People's Public Security on the Ministry of Public Security's Electronic Information Portal;

k) Organizing propaganda, dissemination, training on international treaties and agreements and laws on international treaties and agreements within the scope of management of the Ministry of Public Security;

l) Summarizing and concluding the situation of signing and implementing international treaties and agreements within the scope of management of the Ministry of Public Security;

m) Implementing international cooperation on international treaty work and international agreement work within the People's Public Security.

2. The Legal System Reform and Judicial Administration Department assists the Minister in uniformly managing international treaty work and international agreement work within the People's Public Security.

Chapter II
PROPOSAL TO SIGN INTERNATIONAL TREATIES AND AGREEMENTS

Section 1
PROPOSAL TO SIGN INTERNATIONAL TREATIES

Article 6. Basis for Proposing and Drafting Plans to Sign International Treaties

1. Units and localities of the Public Security shall base their proposals to the Minister regarding the signing of international treaties on the plans for signing international treaties of the Ministry of Public Security; directives from authorized persons or agencies, or requests for international cooperation in safeguarding security and public order.

2. Annually and every five years, based on international cooperation requirements and in accordance with the law, the Legal Reform and Administrative Justice Department shall take the lead in coordinating with units and localities of the Public Security to draft the plans for signing international treaties of the Ministry of Public Security, report to the Minister for approval and issuance.

Article 7. Study the Possibility of Signing International Treaties

1. Based on the provisions of Clause 1, Article 6 of this Circular, before proposing to the Minister regarding the signing of international treaties, units and localities of the Public Security shall study:

a) The practical needs and requirements for international cooperation of Vietnam;

b) Vietnamese laws, provisions of international treaties in the same field where Vietnam is a member; relevant laws of other countries and international law;

c) Drafts of international treaties proposed by foreign parties (if any);

d) Predictions of impacts on politics, diplomacy, national defense, security-order, economy-society, and other impacts on Vietnam;

e) The capacity and resources of Vietnam when signing and implementing international treaties.

2. In cases where international treaties have complex contents concerning politics, diplomacy, national defense, security-order, economy-society, the proposing unit must report to the Minister to seek approval from the competent authority for the development of a project or research report on the possibility of signing international treaties. Based on the results of the project or report, the proposing unit reports to the Minister to seek guidance from the competent authority on the signing of international treaties before proceeding with the procedures for signing international treaties as stipulated in the Law on International Treaties 2016.

Article 8. Procedures and Formalities for Proposing Negotiations on International Treaties

1. Based on the research results stipulated in Clause 1, Article 7 of this Circular or approved by the competent authority according to Clause 2, Article 7 of this Circular, the proposing unit shall implement the provisions of Articles 8, 9, 10, 11, and 12 of the Law on International Treaties 2016.

2. The proposing unit shall prepare files for negotiation on international treaties and request opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and related ministries, agencies, organizations, and units and localities of the Public Security.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- Draft Memorandum including the contents prescribed at point a, Clause 1, Article 11 of the Law on International Treaties 2016;

- Draft of Vietnam's international treaty (Vietnamese and foreign language versions);

- Draft of the foreign party's international treaty (Vietnamese and foreign language translations) and draft negotiation plan, if the signing of the international treaty is based on the draft proposed by the foreign party;

- Other related documents.

3. Based on the opinions of ministries, agencies, organizations, and units and localities of the Public Security, the proposing unit shall revise the files and seek guidance from Deputy Ministers.

4. Based on the guidance of Deputy Ministers and the opinions of ministries, agencies, organizations, and units and localities of the Public Security, the proposing unit shall complete the files and submit two sets of files to the Legal Reform and Administrative Justice Department for review. The review period is fifteen working days from the date of receipt of all files.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for review;

- Documents prescribed in Clause 2 of this Article;

- Summary table, explanation, and incorporation of guidance from Deputy Ministers, opinions of ministries, agencies, organizations, and units and localities of the Public Security, and copies of directive documents and opinion documents.

5. Within five working days from the date of receiving the review opinion of the Legal Reform and Administrative Justice Department, the proposing unit shall complete the files in accordance with Article 11 of the Law on International Treaties 2016, report to the Minister to propose to the Government for the Government to submit to the President for negotiations on behalf of the State; propose to the Prime Minister for negotiations on behalf of the Government.

6. After the President or the Prime Minister agrees to the proposal for negotiations and delegates authority, the proposing unit shall coordinate with the foreign counterpart to agree on the time, place, and method of negotiations; proceed with the delegation procedures for negotiating international treaties as stipulated in Article 22 of the Law on International Treaties 2016. Based on the delegation document of the President or the Prime Minister, the proposing unit shall report to the Minister to decide on the establishment of the negotiation team.

7. Based on the Decision on Establishing the Negotiation Team and the Minister's guidance, the proposing unit shall cooperate with the Foreign Relations Department and related units and localities of the Public Security to organize negotiations on the draft international treaty and report to the Minister on the content and results of the negotiations. The procedures and formalities for organizing overseas trips and welcoming foreign guests; diplomatic reception services for negotiations are implemented in accordance with Circular No. 76/2020/TT-BCA dated July 2, 2020, issued by the Minister of Public Security on the activities of foreign affairs of the People's Public Security.

Article 9. Procedures and formalities for proposing to sign international treaties

1. After concluding negotiations and all parties involved agree on the entire content of the international treaty, the proposing unit shall prepare a dossier for proposing to sign the international treaty and submit it for comments from relevant agencies, organizations, and public security units at various levels.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- Draft Memorandum for Proposing to Sign International Treaties as prescribed in Article 16 of the Law on International Treaties 2016;

- Draft Implementation Plan for International Treaties;

- Draft Report on Political, Defense, Security, Economic-Social and Other Impacts of International Treaties;

- Draft Report on Compatibility of Proposed International Treaties with International Treaties in the Same Field to which the Socialist Republic of Vietnam is a Party;

- Draft Report on Consistency between Provisions of International Treaties and Vietnamese Laws;

- Text of the International Treaty (in Vietnamese and foreign languages; signed by the Heads of Delegations);

2. After considering and responding to opinions provided under Clause 1 of this Article, the proposing unit shall revise the dossier in accordance with Articles 19 and 21 of the Law on International Treaties 2016 and submit it for review by the Ministry of Foreign Affairs and for examination by the Ministry of Justice.

3. Based on the review opinion of the Ministry of Foreign Affairs and the examination opinion of the Ministry of Justice, the proposing unit shall revise the dossier and submit two (2) sets of dossiers as prescribed in Article 17 of the Law on International Treaties 2016 to the Legal Department and Administrative Reform and Judicial Sector for review. The review period is fifteen (15) working days from the date of receipt of complete dossiers.

4. Within five (5) working days from the date of receiving the review opinion of the Legal Department and Administrative Reform and Judicial Sector, the proposing unit shall finalize the dossier, report to the Minister for proposal to the Government to submit to the President for decision to sign the international treaty on behalf of the State or for the Government to decide to sign the international treaty on behalf of the Government.

5. After the President or the Government decides to sign and authorize signing the international treaty, the proposing unit shall proceed with the procedure to request authorization to sign the international treaty in accordance with Article 63 of the Law on International Treaties 2016. To prepare for signing the international treaty, the proposing unit shall coordinate with the Diplomatic Department, relevant units of the Ministry of Foreign Affairs, and related agencies to perform tasks as prescribed in Section 4 Chapter II of the Law on International Treaties 2016.

Article 10. Procedures and formalities for proposing to ratify or approve international treaties

1. Based on the provisions of Article 28 or Article 37 of the Law on International Treaties 2016, the proposing unit shall prepare a dossier for proposing to ratify or approve international treaties and submit it for comments from the Ministry of Foreign Affairs, the Ministry of Justice, relevant agencies, organizations, and public security units at various levels.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- Draft Memorandum as prescribed in Clause 1 of Article 31 of the Law on International Treaties 2016;

- Draft Implementation Plan for International Treaties;

- Text of the International Treaty (in Vietnamese and foreign languages).

2. After considering and responding to opinions provided under Clause 1 of this Article, the proposing unit shall revise the dossier in accordance with Article 31 of the Law on International Treaties 2016 and submit two (2) sets of dossiers to the Legal Department and Administrative Reform and Judicial Sector for review. The review period is fifteen (15) working days from the date of receipt of complete dossiers.

3. Within five (5) working days from the date of receiving the review opinion of the Legal Department and Administrative Reform and Judicial Sector, the proposing unit shall finalize the dossier, report to the Minister for submission to the Government for the Government to submit to the President for ratification of the international treaty or for the President to submit to the National Assembly for ratification of the international treaty that requires ratification; or report to the Minister for submission to the Government for approval of the international treaty that requires approval.

Article 11. Procedures and formalities for proposing accession to multilateral treaties

1. Based on the provisions of Article 7 of this Circular, the unit proposing shall prepare a dossier on the accession to multilateral treaties and submit it for comments from relevant agencies, organizations, and local public security units.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- The draft Memorandum of Presentation shall include contents similar to those prescribed in Article 16 of the International Treaties Law 2016 and the assessment of political, diplomatic, defense, security, economic, social impacts, and other impacts of the international treaty; the compatibility of the proposed international treaty with other international treaties in the same field that the Socialist Republic of Vietnam is a member; the consistency between the provisions of the international treaty and Vietnamese laws;

- Draft Implementation Plan for International Treaties;

- The text of the international treaty (in Vietnamese and foreign languages);

- A list of members of the international treaty, amendments and supplements to the international treaty, reservations, acceptances, or objections to reservations, declarations made by foreign contracting parties regarding the international treaty, necessary legal procedures, and other information related to the accession to the international treaty.

2. After considering and explaining the opinions received under Clause 1 of this Article, the proposing unit shall revise the dossier and submit it for inspection by the Ministry of Foreign Affairs and for review by the Ministry of Justice.

3. Based on the inspection opinion of the Ministry of Foreign Affairs and the review opinion of the Ministry of Justice, the proposing unit shall revise the dossier according to the provisions of Article 45 of the International Treaties Law 2016 and seek instructions from Deputy Ministers.

4. After receiving instructions from Deputy Ministers, the proposing unit shall revise the dossier and submit two sets of dossiers to the Legal System and Administrative Reform Department for inspection. The inspection period is fifteen working days from the date of receipt of all dossiers.

5. Within five working days from the date of receipt of the inspection opinion of the Legal System and Administrative Reform Department, the proposing unit shall complete the dossier, report to the Minister to submit to the Government for the Government to submit to the President for a decision on accession to the international treaty on behalf of the State; or report to the Minister to submit to the Government for a decision on accession to the international treaty on behalf of the Government.

Article 12. Contents of the Inspection of Dossiers for Proposing Negotiation, Signing, Ratification, Approval, and Accession to International Treaties

The contents of the inspection of dossiers for proposing negotiation, signing, ratification, approval, and accession to international treaties include:

1. Compliance with principles, procedures, and formalities as prescribed by the International Treaties Law 2016 and this Circular.

2. Checking and comparing with requirements for international cooperation in safeguarding national security and public order within the functions and tasks of the Ministry of Public Security as prescribed by law.

3. Necessary documents required in the dossier.

4. Content and form of documents in the dossier.

Section 2
PROPOSAL TO SIGN INTERNATIONAL AGREEMENTS

Article 13. Basis for Proposing and Planning the Signing of International Agreements

1. Local public security units when proposing to the Minister on the signing of international agreements must base their proposal on the plan for signing international agreements of the Ministry of Public Security; directives from authorized persons or agencies, or requirements for international cooperation in safeguarding national security and public order.

2. Annually and every five years, based on international cooperation requirements and in accordance with the law, the Legal System and Administrative Reform Department shall take the lead and coordinate with local public security units to develop the plan for signing international agreements of the Ministry of Public Security, report to the Minister for approval and issuance.

Article 14. Procedures and formalities for proposing to sign international agreements on behalf of the State and Government

1. Based on the provisions of Clause 1, Article 13 of this Circular, the proposing unit shall coordinate with the Legal System and Administrative Reform Bureau, the Foreign Affairs Bureau, the Public Security Units and localities, and other relevant agencies and organizations directly related to the international agreement to exchange with the foreign signing party regarding the draft international agreement on behalf of the State and Government.

2. After the parties have agreed on the content of the draft international agreement, the proposing unit shall establish the file for signing the international agreement on behalf of the State and Government in accordance with the provisions of Article 27 of the International Agreement Law 2020; submit for comments from the Ministry of Foreign Affairs, relevant agencies, organizations, and Public Security Units and localities directly related to the international agreement. Based on the comments received, the proposing unit shall revise the file in accordance with the provisions of Article 28 of the International Agreement Law 2020 and submit for instructions from the Deputy Ministers.

3. After receiving instructions from the Deputy Ministers, the proposing unit shall continue to revise the file and send two (2) sets of files to the Foreign Affairs Bureau for review, and two (2) sets of files to the Legal System and Administrative Reform Bureau for examination. The review and examination period is fifteen (15) working days from the date of receipt of all files.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for review and examination;

- Documents as prescribed in Article 28 of the International Agreement Law 2020;

- Instructions from the Deputy Ministers;

- Other documents (if any).

4. Within five (5) working days from the date of receipt of the review opinion from the Foreign Affairs Bureau and the examination opinion from the Legal System and Administrative Reform Bureau, the proposing unit shall complete the file, report to the Minister for submission to the Prime Minister for decision on international agreements on behalf of the Government; and propose the Government to submit to the President for decision on international agreements on behalf of the State in accordance with Chapter II of the International Agreement Law 2020.

5. Implementing the written decision of the President or the Prime Minister regarding the signing of international agreements, the proposing unit shall coordinate with the Foreign Affairs Bureau and relevant units of the Ministry of Foreign Affairs to organize the signing of international agreements and report in accordance with the provisions of Clause 4, Clause 5 of Articles 9, 10, and 11 of the International Agreement Law 2020.

Article 15. Procedures and formalities for proposing to sign international agreements on behalf of the Ministry of Public Security

1. Based on the provisions of Clause 1, Article 13 of this Circular, the proposing unit shall coordinate with the Legal System and Administrative Reform Bureau, the Foreign Affairs Bureau, the Public Security Units and localities, and relevant agencies and organizations directly related to the international agreement to exchange with the foreign signing party regarding the draft international agreement on behalf of the Ministry of Public Security.

2. After the parties have agreed on the content of the draft international agreement, the proposing unit shall establish the file for signing the international agreement on behalf of the Ministry of Public Security in accordance with the provisions of Article 27 of the International Agreement Law 2020; submit for comments from the Ministry of Foreign Affairs, relevant agencies, organizations, and Public Security Units and localities directly related to the international agreement. In case the agency or organization solicited does not agree with the signing of the international agreement, the proposing unit shall proceed with the procedures as prescribed in Clause 4, Article 17 of the International Agreement Law 2020.

3. Based on the comments received, the proposing unit shall revise the file in accordance with the provisions of Article 28 of the International Agreement Law 2020 and submit for instructions from the Deputy Ministers.

4. After receiving the opinions of the Deputy Ministers, the proposing unit shall continue to revise the file and send two (2) sets of files to the Foreign Affairs Bureau for review, and two (2) sets of files to the Legal System and Administrative Reform Bureau for examination. The review and examination period is fifteen (15) working days from the date of receipt of all files.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for review and examination;

- Documents as prescribed in Article 28 of the International Agreement Law 2020;

- Instructions from the Deputy Ministers;

- Other documents (if any).

5. Within five (5) working days from the date of receipt of the review opinion from the Foreign Affairs Bureau and the examination opinion from the Legal System and Administrative Reform Bureau, the proposing unit shall complete the file and report to the Minister for decision on signing the international agreement.

6. Implementing the written decision of the Minister regarding the signing of the international agreement, the proposing unit shall coordinate with the Foreign Affairs Bureau to organize the signing of the international agreement and implement the reporting procedures in accordance with the provisions of Clause 5, Article 17 of the International Agreement Law 2020.

Article 16. Procedure and formalities for proposing to sign international agreements on behalf of units under the Ministry of Public Security

1. Based on Clause 1, Article 13 of this Circular, the proposing unit shall coordinate with the Legal System and Administrative Reform Department, the Foreign Affairs Department, public security units at all levels, and directly related agencies and organizations to exchange with foreign counterparts regarding the draft international agreement proposed on behalf of the unit under the Ministry of Public Security.

2. After the parties reach consensus on the content of the draft international agreement, the proposing unit shall prepare the file for signing the international agreement on behalf of that unit; submit it for comments from public security units at all levels, and directly related agencies and organizations.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- The draft proposal for signing the international agreement includes contents as prescribed in Clause 1, Article 27 of the International Agreement Law 2020;

- Draft text of the international agreement (Vietnamese and foreign language versions).

3. Based on the comments received, the proposing unit shall revise the file to seek instructions from Deputy Ministers.

4. Upon receiving instructions from Deputy Ministers, the proposing unit shall continue to revise the file and submit two (2) sets of files to the Foreign Affairs Department for review, and two (2) sets of files to the Legal System and Administrative Reform Department for examination. The review and examination period is fifteen (15) working days from the date of receipt of complete files.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for review and examination;

- Documents as prescribed in Article 28 of the International Agreement Law 2020;

- Instructions from the Deputy Ministers;

- Other documents (if any).

5. Within five (5) working days from the date of receipt of the review opinion of the Foreign Affairs Department and the examination opinion of the Legal System and Administrative Reform Department, the proposing unit shall perfect the file and report to the Minister for a decision on signing the international agreement.

6. Based on the Minister's decision, the proposing unit shall cooperate with the Foreign Affairs Department to organize the signing of the international agreement and report to the Minister on the results of the signing of the international agreement.

Article 17. Procedure and formalities for proposing to sign international agreements on behalf of provincial-level public security organs

1. Based on the provisions of Clause 1, Article 13 of this Circular, provincial-level public security organs shall coordinate with the Legal System and Administrative Reform Department, the Foreign Affairs Department, public security units at all levels, and directly related agencies and organizations to exchange with foreign counterparts regarding the draft international agreement proposed on behalf of the provincial-level public security organ.

2. After the parties reach consensus on the content of the draft international agreement, the proposing unit shall prepare the file for signing the international agreement and submit it for comments from public security units at all levels, the specialized agency on foreign affairs of the provincial People's Committee, and directly related agencies and organizations.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for participation in opinion;

- The draft proposal for signing the international agreement includes contents as prescribed in Clause 1, Article 27 of the International Agreement Law 2020;

- Draft text of the international agreement (Vietnamese and foreign language versions).

3. Based on the comments from public security units at all levels, the specialized agency on foreign affairs of the provincial People's Committee, and other relevant agencies and organizations, the proposing unit shall revise the file to seek instructions from Deputy Ministers.

4. The proposing unit shall study, incorporate, and explain the comments received to further revise the file, submit two (2) sets of files to the Foreign Affairs Department for review, and two (2) sets of files to the Legal System and Administrative Reform Department for examination. The review and examination period is fifteen (15) working days from the date of receipt of complete files.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Request for review and examination;

- Documents as prescribed in Article 28 of the International Agreement Law 2020;

- Other documents (if any).

5. Within five (5) working days from the date of receipt of the review opinion of the Foreign Affairs Department and the examination opinion of the Legal System and Administrative Reform Department, the provincial-level public security organ shall perfect the file and report to the Minister for a decision on signing the international agreement.

6. Based on the Minister's decision, the proposing unit shall cooperate with the Foreign Affairs Department to organize the signing of the international agreement and report to the Minister on the results of the signing of the international agreement.

Article 18. Content of examination and verification of international agreement signing files

1. The content of examining the file for signing international agreements includes:

a) The necessity and purpose of signing international agreements;

b) Legal basis and grounds;

c) Compliance with principles, procedures, and formalities prescribed by the International Agreement Law 2020 and this Circular;

d) The feasibility and effectiveness of international agreements;

đ) Evaluation of the compatibility of international agreements with Vietnamese laws and international treaties to which Vietnam is a party;

e) Assessment of the political, diplomatic, defense, security-order, economic-social impacts and other impacts of international agreements.

2. The content of verifying the file for signing international agreements includes:

a) Comparison with the Party's and State's strategies and plans on international cooperation in the field of security and order, the Ministry of Public Security and public security units and localities;

b) Consistency between the Vietnamese text of the international agreement and the foreign language text of the international agreement;

c) Name, form, capacity to sign, level of signing, language, validity, and technical aspects of the international agreement text.

Chapter III
PROPOSAL TO TERMINATE EFFECTIVENESS, AMEND, SUPPLEMENT, EXTEND, WITHDRAW, REMOVE, SUSPEND IMPLEMENTATION OF ALL OR PART OF INTERNATIONAL TREATIES, RESERVE, APPROVE OR OPPOSE RESERVATION, WITHDRAW RESERVATION OR WITHDRAW OPPOSITION TO RESERVATION; PROPOSAL TO AMEND, SUPPLEMENT, EXTEND, TERMINATE EFFECTIVENESS, REMOVE, SUSPEND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 19. Proposal to terminate effectiveness, amend, supplement, extend, withdraw, remove, suspend implementation of all or part of international treaties

1. During the implementation of international treaties, if it is necessary to amend, supplement, or extend international treaties, the unit proposing to conclude the international treaty shall coordinate with the Department of Legal Affairs and Administrative Reform and Justice to report to the Minister to submit to the competent authority or person authorized to decide on amending, supplementing, or extending the international treaty according to Articles 54, 73, and 74 of the International Treaty Law 2016.

2. The unit proposing to conclude the international treaty shall coordinate with the Department of Legal Affairs and Administrative Reform and Justice to report to the Minister to submit to the competent authority or person authorized to decide on the proposal to terminate effectiveness, withdraw, remove, or suspend implementation of all or part of the international treaty according to Article 55 of the International Treaty Law 2016.

Article 20. Proposal to reserve, approve or oppose reservation, withdraw reservation or withdraw opposition to reservation of international treaties

1. At the time of signing, approving, or ratifying international treaties, the proposing unit shall coordinate with the Department of Legal Affairs and Administrative Reform and Justice to report to the Minister to submit to the competent authority or person authorized to decide on reserving according to Article 47 of the International Treaty Law 2016.

2. The proposing unit shall coordinate with the Department of Legal Affairs and Administrative Reform and Justice to report to the Minister to submit to the competent authority or person authorized to decide on approving or opposing reservation, withdrawing reservation, or withdrawing opposition to reservation of international treaties according to Articles 48, 49, 50, and 51 of the International Treaty Law 2016.

Article 21. Proposal to amend, supplement, extend, withdraw, terminate effectiveness or suspend implementation of international agreements

1. During the implementation of international agreements, if it is necessary to amend, supplement, extend, withdraw, terminate effectiveness, or suspend implementation of international agreements, the unit proposing to conclude the international agreement shall coordinate with the Department of Legal Affairs and Administrative Reform and Justice and the Department of External Relations to report to the Minister to decide or submit to the President of the State, the Prime Minister of the Government to decide on amending, supplementing, extending, withdrawing, terminating effectiveness, or suspending implementation of international agreements. For international agreements concluded in the name of units under the Ministry of Public Security, provincial public security organs, or centrally-administered city public security organs, the head of the unit decides on amending, supplementing, extending, withdrawing, terminating effectiveness, or suspending implementation of international agreements.

2. The unit proposing to conclude the international agreement shall report to the Minister to decide or submit to the competent authority or person authorized to decide on terminating effectiveness or suspending implementation of the international agreement when it is found that the implementation of the international agreement does not ensure one of the principles stipulated in Article 3 of the International Agreement Law 2020.

3. The procedure and formalities for proposing to amend, supplement, extend, withdraw, terminate effectiveness, or suspend implementation of international agreements in the name of the State, Government, and Ministry of Public Security shall be carried out according to Articles 33 and 34 of the International Agreement Law 2020.

4. The procedure and formalities for proposing to amend, supplement, extend, withdraw, terminate effectiveness, or suspend implementation of international agreements in the name of units under the Ministry of Public Security, provincial public security organs, or centrally-administered city public security organs shall be conducted similarly to the procedure and formalities for concluding international agreements prescribed in this Circular.

5. Public security units and localities must notify the Department of Legal Affairs and Administrative Reform and Justice and the Department of External Relations about the termination of effectiveness, withdrawal, or suspension of implementation of international agreements within 15 (fifteen) working days from the date of termination of effectiveness, withdrawal, or suspension of implementation of international agreements.

Chapter IV
PROCEDURE AND FORMALITIES CONDENSED

Article 22. Application of simplified procedures for international treaties and agreements

1. Simplified procedures shall be applied to the signing of international treaties in cases where the following conditions are met:

a) Only applicable to negotiations, signing, amending, supplementing, and extending international treaties;

b) Not falling under the cases stipulated in Clauses 2 and 3 of Article 70 of the Law on International Treaties 2016.

2. Simplified procedures shall be applied to the signing of international agreements on behalf of the State, Government, and Ministry of Public Security, provided that the conditions set forth in Article 35 of the Law on International Agreements 2020 are met.

3. Simplified procedures shall be applied to the signing of international agreements on behalf of units under the Ministry of Public Security and provincial public security departments, provided that the following conditions are met:

a) Permission granted by the Minister to sign during high-level visits of Vietnam delegations, high-level delegations of the Ministry of Public Security abroad, or foreign high-level delegations, foreign partner delegations in Vietnam;

b) Urgent need due to political, diplomatic, defense, security-order, emergency relief, disaster aftermath mitigation, epidemic control requirements, or other urgent reasons.

Article 23. Negotiation, signing, amending, supplementing, and extending international treaties through simplified procedures; signing, amending, supplementing, and extending international agreements on behalf of the State, Government, and Ministry of Public Security through simplified procedures

1. Based on the provisions of Clause 1 of Article 22 of this Circular, the unit proposing to sign international treaties shall report to the Minister regarding the negotiation, signing, amending, supplementing, and extending of international treaties according to the simplified procedures specified in Chapter VII of the Law on International Treaties 2016.

2. Based on the provisions of Clause 2 of Article 22 of this Circular, the unit proposing to sign international agreements on behalf of the State, Government, and Ministry of Public Security shall report to the Minister regarding the signing, amending, supplementing, and extending of international agreements according to the simplified procedures specified in Chapter IV of the Law on International Agreements 2020.

Article 24. Signing, amending, supplementing, and extending international agreements on behalf of units under the Ministry of Public Security and provincial public security departments through simplified procedures

1. Based on the provisions of Clause 3 of Article 22 of this Circular, the unit proposing to sign international agreements on behalf of units under the Ministry of Public Security and provincial public security departments shall submit the agreement signing dossier to seek instructions from the Deputy Minister in charge, opinions of the Legal Reform and Judicial Affairs Bureau, the Foreign Relations Bureau, and relevant agencies directly related to the international agreement.

2. Based on the instructions from the Deputy Minister in charge, opinions of the Legal Reform and Judicial Affairs Bureau, the Foreign Relations Bureau, and relevant agencies, the proposing unit shall complete the dossier in accordance with the provisions of Clause 4 of this Article and report to the Minister for consideration and decision.

3. The dossier for seeking opinions on the proposal to sign international agreements through simplified procedures includes:

a) A document requesting participation in the opinion-seeking process.

b) A draft report to the Minister including the following contents:

- Requirements and purposes of signing the international agreement;

- Main contents of the international agreement;

- Assessment of the impact of the international agreement on politics, diplomacy, national defense, security, economy-society, and other impacts;

- Compliance with the principles stipulated in Article 4 of this Circular;

- Reasons for applying simplified procedures.

c) Evidence proving the application of simplified procedures as prescribed in Clause 3 of Article 22 of this Circular.

d) Draft of the international agreement in Vietnamese and the foreign language. In case the international agreement is only in the foreign language, a Vietnamese translation must be attached.

4. The dossier reporting to the Minister on the proposal to sign international agreements through simplified procedures includes:

a) A report to the Minister containing the contents prescribed in Point b of Clause 3 of this Article;

b) Evidence proving the application of simplified procedures as prescribed in Clause 3 of Article 22 of this Circular;

c) Draft of the international agreement in Vietnamese and the foreign language. In case the international agreement is only in the foreign language, a Vietnamese translation must be attached;

d) Summary table, explanation, and adoption of instructions from the Deputy Minister in charge, opinions of the Legal Reform and Judicial Affairs Bureau, the Foreign Relations Bureau, and relevant agencies;

đ) Written opinions of the Deputy Minister in charge, the Legal Reform and Judicial Affairs Bureau, the Foreign Relations Bureau, and relevant agencies.

5. Amending, supplementing, and extending international agreements on behalf of units under the Ministry of Public Security and provincial public security departments through simplified procedures shall be carried out similarly to signing international agreements through simplified procedures.

Article 25. Refusal to Apply Simplified Procedures

In cases where the person or authority with the power to decide on negotiations, signing, amending, supplementing, or extending international treaties or agreements refuses to apply simplified procedures and returns the file, the proposing unit must implement the regular procedures or supplement the file according to the requirements of that person or authority.

Chapter V
IMPLEMENTATION OF INTERNATIONAL TREATIES AND AGREEMENTS IN THE PEOPLE'S POLICE

Article 26. Plan for Implementing International Treaties and Agreements

1. The unit proposing to sign an international treaty shall be responsible for initiating the plan to organize the implementation of the international treaty, reporting to the Minister for submission to the Prime Minister for consideration and decision in accordance with Article 76 of the Law on International Treaties 2016. Based on the plan approved by the Prime Minister, the proposing unit shall take the lead in developing the plan to organize the implementation of the international treaty within the People's Police, reporting to the Minister for consideration and decision.

2. Units and local police proposing to sign international agreements shall be responsible for drafting the plan to organize the implementation of such agreements.

3. Units and local police, within their assigned functions, tasks, and authorities, shall propose plans to organize the implementation of international treaties and agreements related to police work proposed for signature by ministries, agencies, organizations.

Article 27. Responsibilities of the Legal Reform and Administrative Justice Bureau in Implementing International Treaties and Agreements

The Legal Reform and Administrative Justice Bureau shall take the lead and coordinate with units and local police to perform the following tasks:

1. Drafting the plan to organize the implementation of international treaties within the People's Police.

2. Organizing, guiding, monitoring, and urging the implementation of international treaties within the People's Police.

3. Reporting to the Minister to issue regulations within his authority or submitting to competent authorities for consideration and decision on issuing, amending, supplementing, or abolishing normative legal documents to implement international treaties.

4. Taking necessary measures to protect the rights and interests of the State, Government of the Socialist Republic of Vietnam, Ministry of Public Security, and local police when foreign contracting parties violate international treaties or agreements.

5. Storing (in hard copy and electronic records) international treaties and agreements in accordance with laws on archiving.

6. Organizing propaganda, dissemination, and training on international treaties and agreements.

7. Organizing mid-term and final reviews of the implementation of international treaties within the People's Police.

8. International cooperation in implementing international treaties.

9. Performing other tasks assigned by the Minister.

Article 28. Responsibilities of the Foreign Affairs Bureau in Implementing International Treaties and Agreements

The Foreign Affairs Bureau shall take the lead and coordinate with units and local police to perform the following tasks:

1. Drafting the plan to organize the implementation of international agreements within the People's Police.

2. Organizing, guiding, monitoring, and urging the implementation of international agreements within the People's Police.

3. Organizing the translation of international treaties, agreements, and related documents from Vietnamese to foreign languages and vice versa.

4. Organizing mid-term and final reviews of the implementation of international agreements within the People's Police.

5. International cooperation in implementing international agreements.

6. Performing other tasks assigned by the Minister.

Article 29. Responsibilities of Units' and Local Public Security Organs in Implementing International Treaties and Agreements

1. Within the scope of their assigned tasks and authorities, units' and local public security organs shall be responsible for organizing the implementation of international treaties and agreements.

2. Develop plans to implement international treaties and agreements that have taken effect due to being entrusted with the main responsibility for proposing their conclusion.

3. Coordinate in proposing and reporting to the Minister for issuance within their authority or recommending the issuance, amendment, supplementation, or abolition of normative legal documents to implement international treaties.

4. Coordinate in organizing propaganda, dissemination, and training on international treaties and agreements within the scope of the Ministry of Public Security's state management.

5. Coordinate in organizing mid-term and final reviews of the implementation of international treaties and agreements within the People's Public Security.

6. Annually or upon request, units' and local public security organs shall report to the Minister on the results of implementing international treaties and agreements.

Article 30. Organization of Statistics, Review, Systematization, Storage, Copying, Translation, Database Construction, and Publication of International Treaties and Agreements

1. Annually, the Legal Reform and Administrative and Judicial Affairs Bureau shall take the lead and coordinate with units' and local public security organs to conduct statistics, review, systematization, storage (in hard copy and electronic records), copying, database construction, and publication of international treaties and agreements that have taken effect (except for international treaties and agreements containing state secrets as prescribed by law or agreed with foreign signatories not to be made public or decided by competent state agencies according to Article 60 of the Law on International Treaties in 2016) on the Ministry of Public Security’s electronic portal.

2. Units' and local public security organs that propose the signing of international treaties and agreements shall take the lead and coordinate with the Foreign Relations Bureau to translate international treaties and agreements, documents serving the signing and implementation of international treaties and agreements from Vietnamese to foreign languages and vice versa.

Article 31. Funding for International Treaty Work and Agreement Work

1. Funding for the signing and implementation of international treaties and agreements within the People's Public Security shall be guaranteed from the state budget allocated for the regular annual activities of units' and local public security organs and other sources of funding as prescribed by law.

2. The management and use of funding for international treaty work and agreement work within the People's Public Security shall be carried out in accordance with the law.

3. The Planning and Finance Bureau shall take the lead and coordinate with relevant units' and local public security organs to guide, inspect, and settle accounts for the management and use of funding for international treaty work and agreement work within the People's Public Security as prescribed.

Chapter VI
PARTICIPATION IN SIGNING AND IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS PROPOSED BY MINISTRIES, SECTORS, ORGANIZATIONS; EVALUATION OF SECURITY AND ORDER IMPACTS DURING THE PROCESS OF SIGNING AND IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS

Article 32. Participation in signing and implementing international treaties and agreements proposed by ministries, agencies, authorities, and organizations

1. The Legal System and Administrative Reform Department shall take the lead and coordinate with local police units to participate in signing and implementing international treaties and agreements proposed by ministries, agencies, authorities, and organizations, and report to the Minister on the results of participation.

2. Local police units shall be responsible for coordinating with the Legal System and Administrative Reform Department to participate in signing and implementing international treaties and agreements proposed by ministries, agencies, authorities, and organizations.

Article 33. Assessment of security and public order impacts during the process of signing and implementing international treaties and agreements

1. The Legal System and Administrative Reform Department shall take the lead and coordinate with local police units to assess the security and public order impacts during the process of signing and implementing international treaties and agreements in accordance with the provisions of Government Decree No. 35/2011/NĐ-CP dated May 18, 2011, on legal measures to protect national security, maintain public order, and social safety, and other relevant regulatory legal documents; report to the Minister for consideration and decision.

2. The assessment of security and public order impacts during the process of signing and implementing international treaties and agreements includes the following contents:

a) Compliance with the Party's and State's strategies, policies, plans, and schemes for protecting security and public order, and regulations of the Ministry of Public Security;

b) The impact of signing and implementing international treaties and agreements on the tasks of protecting national security, ensuring public order and social safety, combating and preventing crimes and violations of laws on national security, public order, and social safety; advantages and difficulties in security and public order protection work when signing and implementing international treaties and agreements; security and public order threats when signing and implementing international treaties and agreements;

c) Other issues related to security and public order.

3. Local police units shall cooperate with the Legal System and Administrative Reform Department to perform the task of assessing security and public order impacts during the process of signing and implementing international treaties and agreements.

Chapter VII
IMPLEMENTING PROVISIONS

Article 34. Effective Date

1. This Circular takes effect from July 1, 2021. In cases where the referenced documents in this Circular are replaced or amended, the replacement or amended documents shall apply.

2. Circular No. 63/2012/TT-BCA dated October 29, 2012, of the Minister of Public Security on proposing to sign, join, and implement international treaties; proposing to sign and implement international agreements within the People's Public Security (Circular No. 63/2012/TT-BCA) ceases to be effective from the date this Circular takes effect.

Article 35. Responsibility for Implementation

1. Heads of local police units and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Director of the Legal System and Administrative Reform Department is responsible for guiding, inspecting, and urging the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units, related agencies, organizations, and individuals shall report and reflect to the Ministry of Public Security (through the Legal System and Administrative Reform Department) for timely guidance.

Article 36. Transitional Provisions

1. International treaties and international agreements within the People's Public Security that have not been signed before the date this Circular takes effect but have been carried out according to the signing procedures and formalities stipulated in Circular No. 63/2012/TT-BCA shall be organized for signing according to the provisions of Circular No. 63/2012/TT-BCA without having to carry out again according to the signing procedures and formalities stipulated in this Circular.

2. For international agreements that have been signed in accordance with the provisions of Circular No. 63/2012/TT-BCA, public security units at all levels organize implementation and conduct amendment, supplementation, extension, termination of validity, withdrawal, or temporary suspension of implementation of international agreements according to the procedures and formalities stipulated in this Circular.

3. As for international cooperation documents that have been signed under the name of public security units at all levels and are not considered international agreements as defined in the International Agreement Signing and Implementation Ordinance No. 33/2007/PL-UBTVQH11 and Circular No. 63/2012/TT-BCA, within three years from the date this Circular takes effect, the unit implementing the cooperative activities specified in such documents shall coordinate with the Legal System Reform and Judicial Administration Bureau and the Foreign Affairs Bureau to exchange and reach consensus with the foreign counterpart on signing an international agreement to replace such documents.

4. As for international treaties that have been signed under the name of the Ministry according to the International Treaty Signing and Implementation Ordinance 1989 and the International Treaty Signing and Implementation Ordinance 1998, within three years from the date this Circular takes effect, the proposing unit shall coordinate with the Legal System Reform and Judicial Administration Bureau and the Foreign Affairs Bureau to exchange and reach consensus with the foreign counterpart on re-signing such documents in the form of international treaties in the name of the State or the Government, or international agreements in the name of the Ministry of Public Security or units under the Ministry of Public Security, provincial public security services, centrally-administered city public security services./.

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