Circular No. 6/2026/TT-BNG stipulates the procedures and formalities for signing, implementing, and managing cooperation documents between agencies representing the Socialist Republic of Vietnam abroad and foreign counterparts.

 

CIRCULAR

Prescribing the procedures for signing, implementing, and managing the signing and implementation of cooperation documents between agencies representing the Socialist Republic of Vietnam abroad and foreign partners
Agencies representing the Socialist Republic of Vietnam abroad with foreign counterparts

 

Pursuant to the Law on Agencies Representing the Socialist Republic of Vietnam Abroad No. 33/2009/QH12, amended and supplemented by Law No. 19/2017/QH14 and Law No. 8/2026/QH16;

Pursuant to Decree No. 28/2025/NĐ-CP dated February 24, 2025 of the Government prescribing the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Director of the Department of Legal Affairs and International Treaties;

The Minister of Foreign Affairs promulgates this Circular prescribing the procedures for signing, implementing, and managing the signing and implementation of cooperation documents between agencies representing the Socialist Republic of Vietnam abroad (hereinafter referred to as agencies) and foreign counterparts and the responsibilities of relevant agencies and organizations.

Article 1. Scope of Regulation

This Circular prescribes the procedures for proposing, signing, implementing, and managing the signing and implementation of cooperation documents between agencies representing the Socialist Republic of Vietnam abroad (hereinafter referred to as agencies) and foreign counterparts and the responsibilities of relevant agencies and organizations.

This Circular does not regulate the signing and implementation of civil contracts or labor contracts between agencies and foreign parties under foreign law or Vietnamese law.

Article 2. Applicability

This Circular applies to:

1. Agencies;

2. Agencies and organizations within the organizational structure of the Ministry of Foreign Affairs;

3. Agencies, organizations, and individuals related to the matter.

Article 3. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Agency includes diplomatic agencies, consular agencies, and agencies at international organizations.

2. Cooperation Document as prescribed in this Circular, refers to a document containing cooperation content within the scope of the agency's functions, tasks, and powers, signed between the agency and a foreign counterpart, without creating, changing, or terminating the binding legal rights and obligations of the agency and the Socialist Republic of Vietnam.

3. Foreign Counterpart is an agency or organization from a foreign country with a headquarters or place of operation in the state or territory where the agency is located or concurrently responsible for.

4. Regional Management Unit is an organization within the organizational structure of the Ministry of Foreign Affairs assigned to oversee and manage the area of the state, territory, or international organization where the agency is located, or the state or territory within the concurrent jurisdiction of the agency.

Article 4. Principles for Signing and Implementing Cooperation Documents

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam, national interests, ethnic interests, foreign policy of the Socialist Republic of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party; respect for national sovereignty, non-interference in internal affairs of other states, and other fundamental principles of international law.

2. The signing of cooperation documents shall not create, change, or terminate the binding legal rights and obligations of the agency and the Socialist Republic of Vietnam.

3. Cooperation documents shall only be signed when necessary, not substituting quantity for quality; the signing must meet requirements for diplomacy and implementation effectiveness, feasibility; the content of cooperation must fall within the allocated state budget funds or self-management as stipulated by law.

4. Compliance with the functions, tasks, and powers of the agency and adherence to the procedures for signing cooperation documents prescribed in this Circular.

5. The signing of cooperation documents shall not bind the State, National Assembly, Government, or Vietnamese agencies or organizations that did not sign the cooperation document to implement them.

6. Requirements for language and content of cooperation documents:

a) The language of the cooperation document shall not indicate the nature of enforceability;

b) The cooperation document shall not specify the applicable law as Vietnamese law or the law of the host country or the law of a third country; it shall not provide for dispute resolution mechanisms through compulsory means, final decisions, or provisions for waiving privileges and immunities of the agency and its members, except upon authorization by competent authorities.

7. Cooperation documents may be named agreements, declarations, memoranda of understanding, minutes of meetings, exchange records, cooperation programs, cooperation plans, or other names, except those including conventions, treaties, covenants, or agreements.

Article 5. Procedures and formalities for signing cooperation documents

1. Except for cases provided for in Clause 2 of this Article, the head of the representative agency decides to sign cooperation documents after considering the opinions of the regional management unit, the Department of Law and International Treaties, and other relevant agencies and organizations. The agencies and organizations whose opinions are sought shall be responsible for providing written responses within seven working days from the date they receive all required documents as stipulated in Article 6 of this Circular.

2. In cases where the representative agency and other agencies and organizations have differing opinions or where the signing of cooperation documents involves complex and sensitive political, defense, security, diplomatic, financial, economic, trade, investment issues, or matters related to the management of other ministries, sectors, or agencies, the head of the representative agency shall submit the matter for consideration and decision by the Ministry's leadership through the regional management unit.

Within seven working days from the date of receiving all required documents as stipulated in Article 6 of this Circular, the regional management unit shall seek the opinions of relevant agencies and organizations if necessary.

The regional management unit shall coordinate with the representative agency to incorporate and explain the opinions of relevant agencies and organizations and complete the dossier for submission to the Ministry's leadership in accordance with Article 7 of this Circular.

The head of the representative agency shall direct the organization of the signing of cooperation documents after receiving a written approval from the Ministry's leadership.

3. The representative agency shall report to the Minister in writing and simultaneously send copies of the cooperation document to the regional management unit, the Department of Law and International Treaties, and other relevant agencies and organizations within fifteen working days from the date the cooperation document is signed.

Article 6. Dossier for Soliciting Opinions on Proposals for Signing Cooperation Documents

The dossier for soliciting opinions on proposals for signing cooperation documents as prescribed in Clause 1 and Clause 2 of Article 5 of this Circular includes:

1. A proposal document regarding the signing of cooperation documents, which clearly states the context, necessity, purpose of signing the cooperation document; main contents of the cooperation document; assessment of the compatibility of the cooperation document with Vietnamese laws, laws of the country or territory where the representative agency is located or concurrently represents; consistency with international treaties to which Vietnam is a party; political, diplomatic, defense, security, socio-economic impacts, and other impacts (if any); compliance with the provisions of Article 4 of this Circular; proposed signatory; recommendations on confidentiality of the cooperation document.

2. Draft of the cooperation document. In cases where the cooperation document is only available in a foreign language, a Vietnamese translation must be attached.

Article 7. Dossier for Submission Regarding the Signing of Cooperation Documents

The dossier for submission regarding the signing of cooperation documents as prescribed in Clause 2 of Article 5 of this Circular includes:

1. A proposal document regarding the signing of cooperation documents, including the contents prescribed in Clause 1 of Article 6 of this Circular and issues with differing opinions among relevant agencies and organizations (if any).

2. Written opinions of agencies and organizations whose opinions were sought.

3. Draft of the cooperation document. In cases where the cooperation document is only available in a foreign language, a Vietnamese translation must be attached.

Article 8. Amending, Supplementing, and Extending Cooperation Documents

1. Except for the cases provided for in Clause 3 of this Article, the head of the diplomatic mission decides on amending, supplementing, and extending cooperation documents after considering the opinions of the regional management unit, the Department of Law and International Treaties, and other relevant agencies and organizations. The agencies and organizations whose opinions are sought shall be responsible for providing written responses within seven working days from the date they receive all required documents as stipulated in Clause 2 of this Article.

2. In cases where the diplomatic mission and other agencies and organizations have differing opinions or where the content of the amendment, supplementation, or extension involves complex and sensitive political, defense, security, foreign affairs, financial, economic, trade, investment issues, or matters related to the management of other ministries, sectors, or agencies, the head of the diplomatic mission shall submit the matter for consideration and decision by the Ministry's leadership through the regional management unit.

Within seven working days from the date of receiving all required documents as stipulated in Clause 3 of this Article, the regional management unit shall seek the opinions of relevant agencies and organizations if necessary.

The regional management unit shall coordinate with the diplomatic mission to incorporate and explain the opinions of relevant agencies and organizations and complete the dossier for submission to the Ministry's leadership. The head of the diplomatic mission shall direct the organization of the amendment, supplementation, and extension of cooperation documents after receiving a written approval from the Ministry's leadership.

3. The dossier for seeking opinions on amending, supplementing, and extending cooperation documents includes:

a) A proposal document for amending, supplementing, or extending cooperation documents, clearly stating the necessity and purpose of the amendment, supplementation, or extension; the content of the amendment, supplementation, or extension period; and an impact assessment of the amendment, supplementation, or extension;

b) A draft document for amending, supplementing, or extending cooperation documents. If the amended, supplemented, or extended cooperation document is only available in a foreign language, it must include a Vietnamese translation.

4. The dossier submitted to the Ministry's leadership for amending, supplementing, or extending cooperation documents as stipulated in Clause 2 of this Article includes the documents specified in Clause 3 of this Article and a summary and explanation of the opinions of relevant agencies and organizations.

5. The diplomatic mission shall report to the Minister in writing, simultaneously sending the regional management unit, the Department of Law and International Treaties, and other relevant agencies and organizations about the amendment, supplementation, or extension of cooperation documents within fifteen working days from the date the amendment, supplementation, or extension takes effect.

Article 9. Terminating Effectiveness, Withdrawal, or Suspension of Implementation of Cooperation Documents

1. Where cooperation documents provide for terminating effectiveness, withdrawal, or suspension, or where both parties have agreed in writing to terminate effectiveness, withdraw, or suspend implementation, or where the implementation process of cooperation documents violates one of the principles stipulated in Article 4 of this Circular, the diplomatic mission shall decide on terminating effectiveness, withdrawing, or suspending the implementation of cooperation documents.

2. The head of the diplomatic mission shall notify in writing the regional management unit and the Department of Law and International Treaties about terminating effectiveness, withdrawing, or suspending the implementation of cooperation documents within fifteen working days from the date such termination, withdrawal, or suspension takes effect.

Article 10. Responsibility for organizing implementation and storing cooperation documents

1. The representative agency shall be responsible for developing a plan to implement cooperation documents after signing and sending it to the Department of Law and International Treaties and the regional unit for monitoring and summarizing.

2. The representative agency shall report to the Minister and the Ministry's leadership on the situation of signing and implementing cooperation documents regularly before November 15 each year, and send to the regional unit, the Ministry's Office, the Department of Organization and Cadres, and the Department of Law and International Treaties. Reports on the implementation of cooperation documents can be made separately or included in the annual work reports of the representative agency.

3. The representative agency shall be responsible for storing the original copies of cooperation documents. Storage shall be carried out in accordance with the provisions of the law on archiving.

Article 11. Responsibilities of relevant agencies and organizations

1. The regional unit shall be responsible for:

a) Providing opinions on the necessity of signing cooperation documents, assessing the impact of signing cooperation documents, and compliance with the principles stipulated in Article 4 of this Circular when requested.

b) Urging and monitoring the situation of signing and implementing cooperation documents by the representative agency in the region under its responsibility.

c) Supporting, guiding, and coordinating with the representative agency to handle issues arising from the signing and implementation of cooperation documents by the representative agency in the region under its responsibility.

2. The Department of Organization and Cadres, the Ministry's Office shall incorporate the results of implementing cooperation documents (if any) as a reference basis in the annual performance evaluation of officials and civil servants and commendation activities of the representative agency.

3. The Department of Foreign Policy shall coordinate in proposing the signing of cooperation documents by the representative agency (if any); coordinating in urging, monitoring, and supporting the implementation of cooperation documents.

4. The Department of Law and International Treaties shall be responsible for:

a) Providing opinions on compatibility with related international treaties to which Vietnam is a party; conformity with Vietnamese legal regulations and compliance with the principles stipulated in Article 4 of this Circular when requested.

b) Guiding on the procedures, formalities, format, and language of cooperation documents when requested; models of reports on the situation of signing and implementing cooperation documents.

c) Storing copies of cooperation documents of the representative agency in the database of international agreements.

d) Summarizing and reporting to the Minister regularly before December 15 each year on the situation of signing and implementing cooperation documents of the representative agency based on reports from the representative agencies.

Article 12. Effectiveness

1. This Circular takes effect from July 1, 2026.

2. Heads of representative agencies, heads of agencies and organizations under the Ministry of Foreign Affairs, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

3. The Director of the Department of Law and International Treaties shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

4. During the implementation of this Circular, if there are difficulties or obstacles, related agencies, organizations, and individuals shall reflect them to the Ministry of Foreign Affairs (through the Department of Law and International Treaties) for timely guidance.