✦ 智能摘要
This Circular stipulates on the proposal for signing, joining and implementing international treaties; proposing and implementing international agreements within the People's Public Security. It applies to departments under the Ministry, provincial public security services directly under the central government, and related agencies, organizations, and individuals. This Circular stipulates the procedures, formalities, and responsibilities of the relevant parties in proposing to sign, join, implement international treaties and agreements.
适用范围
Departments under the Ministry of Public Security, provincial public security services directly under the central government, fire prevention and firefighting departments (also called local public security units), and related agencies, organizations, and individuals.
要点
- Local public security units propose annual plans for signing and joining international treaties to be consolidated and developed into the overall plan of the Ministry of Public Security by the Legal Affairs Department and reported to the Minister for approval.
- Before proposing to the Minister for signing international treaties, the unit must draft the international treaty or study the content of multilateral treaties prepared by foreign signatories compared with Vietnamese law.
- Proposing to join multilateral international treaties as prescribed in Chapter III of the Law on Signing, Joining and Implementing International Treaties 2005 and the provisions of such international treaties.
- The procedure for proposing to sign international agreements on behalf of the Ministry of Public Security includes soliciting written opinions from related units and the Ministry of Foreign Affairs before obtaining the Minister’s consent and authorization to negotiate.
- The dossier for proposing to sign and join international treaties shall be implemented according to Article 14 of the Law on Signing, Joining and Implementing International Treaties 2005.
🌐 本文件的社会影响
- Positive impact: Creating a legal basis for international cooperation in the field of national security and social order; enhancing the effectiveness of national security protection work.
- Negative impact: May impose financial and time burdens on units in preparing dossiers for proposing to sign and join international treaties.
❓ 常见问题
What should local public security units do before proposing to sign international treaties?
Before proposing to the Minister for signing international treaties, the unit must draft the international treaty or study the content of multilateral treaties prepared by foreign signatories compared with Vietnamese law.
What is the procedure for proposing to join international treaties?
The proposing unit reports to the leadership of the Ministry and submits to the competent authority regarding joining multilateral international treaties as prescribed in Chapter III of the Law on Signing, Joining and Implementing International Treaties 2005 and the provisions of such international treaties.
What is the procedure for proposing to sign international agreements on behalf of the Ministry of Public Security?
Before proposing negotiations and reporting on signing international agreements on behalf of the Ministry of Public Security, the proposing unit has the responsibility to solicit written opinions from related local public security units and the Ministry of Foreign Affairs.
What does the dossier for proposing to sign international treaties include?
The report to the Minister on signing and joining international treaties within the People's Public Security shall be implemented according to Article 14 of the Law on Signing, Joining and Implementing International Treaties 2005.
How long is the review period for the dossier proposing to sign and join international treaties?
The review period shall not exceed fifteen days for draft international treaties and agreements from the date of receiving complete dossiers as prescribed.
全文
CIRCULAR
Provisions on the proposal for signing, accession, and implementation of international treaties;
proposal for signing and implementing international agreements within the People's Public Security;
_____________________________
Based on the Law on Signing, Accession, and Implementation of International Treaties 2005; Based on the Ordinance on Signing and Implementing International Agreements 2007;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 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 Legal Department;
The Minister of Public Security issues the Circular stipulating the proposal for signing, accession, and implementation of international treaties; proposal for signing and implementing international agreements within the People's Public Security.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the proposal for signing, accession, and implementation of international treaties; proposal for amending, supplementing, extending, reserving, terminating the effect, renouncing, withdrawing from, temporarily suspending the implementation of international treaties; proposal for signing and implementing international agreements; proposal for amending, supplementing, extending, terminating the effect, temporarily suspending the implementation of international agreements within the People's Public Security.
Article 2. Applicability
This Circular applies to departments under the Ministry, units directly under the Ministry, provincial public security services, municipal public security services directly under the central government, fire prevention and firefighting departments (hereinafter collectively referred to as public security units and localities), and relevant agencies, organizations, and individuals.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. International treaties within the People's Public Security are written agreements on international cooperation signed or acceded to on behalf of the State and the Government of the Socialist Republic of Vietnam, proposed for signing and accession by the Ministry of Public Security or proposed for signing and accession by other ministries and sectors with contents related to public security work.
2. International agreements on behalf of the Ministry of Public Security of the Socialist Republic of Vietnam are written commitments on international cooperation signed by the Minister of Public Security or by persons authorized by the Minister of Public Security to sign with one or more foreign contracting parties in accordance with Article 2 of the Ordinance on Signing and Implementing International Agreements 2007.
3. International treaty work is a comprehensive set of tasks related to the proposal for signing, accession, and implementation of international treaties, proposal for amending, supplementing, extending, reserving, terminating the effect, renouncing, withdrawing from, temporarily suspending the implementation of international treaties within the People's Public Security.
4. International agreement work is a comprehensive set of tasks related to the proposal for negotiating, signing, and implementing international agreements, amending, supplementing, extending, terminating the effect, temporarily suspending the implementation of international agreements of the Ministry of Public Security.
Article 4. Principles for proposing the signing, accession, and implementation of international treaties; proposing the signing and implementation of international agreements within the People's Public Security
1. Ensuring compliance with the Constitution, the Vietnamese legal system, international law, and international practice, adhering to the principles stipulated in Article 3 of the Law on Signing, Accession, and Implementation of International Treaties 2005; Article 4 of the Ordinance on Signing and Implementing International Agreements 2007, and regulations of the Ministry of Public Security.
2. Creating a legal basis for international cooperation to protect national security and maintain social order and safety; prioritizing cooperation with neighboring countries, countries in the region, countries with traditional relations, and countries with many Vietnamese residents, workers, students, and employees; serving the foreign policy of the Party and the State.
3. Ensuring the procedures, formalities, and authority for proposing the signing, accession, and implementation of international treaties as prescribed in the Law on Signing, Accession, and Implementation of International Treaties 2005; proposing the signing and implementation of international agreements as prescribed in the Ordinance on Signing and Implementing International Agreements 2007.
Chapter II
PROPOSAL FOR SIGNING AND ACCESSION TO INTERNATIONAL TREATIES; PROPOSAL FOR SIGNING INTERNATIONAL AGREEMENTS
Section 1. PROPOSAL TO SIGN AND JOIN INTERNATIONAL TREATIES
Article 5. BUILDING PLANS FOR SIGNING AND JOINING INTERNATIONAL TREATIES IN THE PEOPLE'S PUBLIC SECURITY ORGANIZATION
Annually and every five years, within the scope of their assigned functions, tasks, and authorities, in accordance with the law and the international cooperation requirements of their units, units in the People's Public Security Organization shall propose plans for signing and joining international treaties to be sent to the Legal Affairs Department for consolidation and construction of the overall plan of the Ministry of Public Security, which will then be reported to the Minister for approval and issuance.
Article 6. PROPOSAL TO SIGN INTERNATIONAL TREATIES IN THE PEOPLE'S PUBLIC SECURITY ORGANIZATION
1. Prior to proposing to the Minister regarding the signing of international treaties, the proposing unit must draft the international treaty or study, compare, and contrast the contents of multilateral international treaties or bilateral treaty drafts prepared by foreign signatories with relevant Vietnamese laws; develop negotiation strategies, acceptance, amendment, supplementation proposals, and seek written opinions from related local public security units and the Legal Affairs Department according to regulations, and draft documents to submit to the Minister or authorized person to present to the Government or competent authority for the signing of international treaties.
2. After receiving agreement and authorization for negotiations from the competent authority, the Head of the Negotiation Delegation is responsible for reporting to the Ministry leadership on the composition of the negotiation delegation, location, time, content, and results of the negotiations.
Article 7. PROPOSAL TO JOIN INTERNATIONAL TREATIES
The proposing unit reports to the Ministry leadership to submit to the competent authority for joining multilateral international treaties in accordance with Chapter III of the Law on Signing, Joining, and Implementing International Treaties 2005 and the provisions of such multilateral international treaties.
Article 8. PROPOSAL FOR RESERVATION OR DECLARATION OF NON-APPLICABILITY
During the process of proposing to sign and join international treaties, the proposing unit bases its proposal on the provisions of the international treaty and research results, and raises reservations to exclude or change the legal effect of one or more provisions in the international treaty when applying or declares non-applicability of one or more provisions of the international treaty to the Socialist Republic of Vietnam, and reports to the Ministry leadership to submit to the competent authority for consideration and decision.
Section 2. PROPOSAL TO SIGN INTERNATIONAL AGREEMENTS
Article 9. BUILDING PLANS FOR SIGNING INTERNATIONAL AGREEMENTS ON BEHALF OF THE MINISTRY OF PUBLIC SECURITY
Annually and every five years, within the scope of their assigned functions, tasks, and authorities, in accordance with the law and international cooperation requirements, units in the People's Public Security Organization shall propose plans for signing international agreements with foreign signatories to be sent to the International Cooperation Department for reporting to the Ministry leadership and negotiating with foreign counterparts, while sending copies to the Legal Affairs Department for consolidation and construction of the overall plan of the Ministry of Public Security.
Article 10. PROCEDURES AND PROCEDURAL REQUIREMENTS FOR PROPOSALS TO SIGN INTERNATIONAL AGREEMENTS ON BEHALF OF THE MINISTRY OF PUBLIC SECURITY
1. Before proposing negotiations and reporting on signing international agreements on behalf of the Ministry of Public Security, the proposing unit is responsible for seeking written opinions from related local public security units and the Ministry of Foreign Affairs according to Clause 1, Article 14 of the Ordinance on Signing and Implementing International Agreements 2007. After receiving written responses from the units that sought opinions, the proposing unit compiles and builds a report on acceptance, amendment, supplementation, or drafting a new proposal by the Ministry of Public Security if necessary, and sends it to the International Cooperation Department for review and to the Legal Affairs Department for examination within 15 (fifteen) days from the date of receipt of all documents specified in Article 12 of this Circular.
In case the draft international agreement has already been prepared by the foreign signatory, the proposing unit is responsible for leading the study and developing proposals for acceptance, amendment, supplementation, or drafting a new proposal by the Ministry of Public Security if necessary.
2. After receiving the Minister of Public Security's agreement and authorization for negotiations, the Head of the Negotiation Delegation is responsible for reporting to the Ministry leadership on the composition of the negotiation delegation, location, time, content, and results of the negotiations.
In cases where negotiations are conducted through diplomatic channels, the proposing unit leads coordination with the International Cooperation Department to implement and report to the Ministry leadership on the content and results of the negotiations.
3. Based on the results of the negotiations on international agreements, the proposing unit is responsible for building a report on signing international agreements. The content of the proposed agreement signing report includes information about the name and position of the person who will represent the Ministry of Public Security to sign the international agreement, to be submitted to the Minister for consideration and decision.
Section 3. DOCUMENTS FOR SUBMISSION REGARDING THE PROPOSAL TO SIGN AND JOIN INTERNATIONAL TREATIES; THE PROPOSAL TO SIGN INTERNATIONAL AGREEMENTS
Article 11. Documents for the proposal to sign and join international treaties
The documents submitted to the Minister for signing and joining international treaties in the People's Public Security shall be carried out in accordance with Article 14 of the Law on Signing, Joining and Implementing International Treaties 2005 and the directives of the Deputy Ministers of Public Security, the examination opinions of the Legal Department, and the written participation opinions of the Public Security units and localities concerned.
Article 12. Documents for the proposal to sign international agreements
The documents submitted to the Minister for signing international agreements include:
1. The proposal document regarding the signing of international agreements as stipulated in Clause 1, Article 20 of the Ordinance on Signing and Implementing International Agreements 2007.
2. Drafts of the international agreement in Vietnamese and foreign languages; in cases where the international agreement is only signed in a foreign language, there must be a Vietnamese translation attached.
3. Directives of the Deputy Ministers of Public Security, the examination opinions of the Legal Department, the verification opinions of the International Cooperation Department, and the written participation opinions of the Public Security units and localities concerned.
4. Other necessary documents.
Article 13. Responsibilities of the unit proposing to sign and join international treaties; proposing to sign international agreements
1. The unit proposing to sign and join international treaties; proposing to sign international agreements within the People's Public Security has the responsibility to complete the documents sent to the Legal Department for examination for international treaties, and for review for international agreements before submitting to the Ministry of Justice for review, and the Ministry of Foreign Affairs for verification according to Articles 10, 17, 18, 19, 20, and 21 of the Law on Signing, Joining and Implementing International Treaties 2005, or before seeking the opinion of the Ministry of Foreign Affairs according to Article 14 of the Ordinance on Signing and Implementing International Agreements 2007.
2. Cooperate with the Legal Department and related agencies and organizations to study and incorporate comments, revise drafts of international treaties and agreements after receiving the review opinions of the Ministry of Justice and the verification opinions of the Ministry of Foreign Affairs for international treaties, or the written opinions of the Ministry of Foreign Affairs for international agreements.
Section 4. REVIEW AND VERIFICATION OF DRAFTS OF INTERNATIONAL TREATIES; REVIEW OF INTERNATIONAL AGREEMENTS
Article 14. Review and verification of documents for the proposal to sign and join international treaties
1. The procedures and formalities for requesting review and verification of documents for the proposal to sign and join international treaties shall be implemented in accordance with the Law on Signing, Joining and Implementing International Treaties 2005.
2. Units under the Ministry of Public Security assigned to propose signing and joining international treaties prepare documents to submit to the Government for signing and joining international treaties, report to the leadership of the Ministry of Public Security to request the Ministry of Justice to review and the Ministry of Foreign Affairs to verify according to current regulations.
3. The number of documents requested for review of international treaties is five (5) sets, and for verification of draft international treaties is one (1) set.
4. Before reporting the proposal to the leadership of the Ministry to request the Ministry of Justice to review and the Ministry of Foreign Affairs to verify the documents for the proposal to sign and join international treaties, the proposing unit is responsible for transferring one (1) set of documents to the Legal Department for examination in accordance with Clause 1, Article 13 of this Circular.
Article 15. Documents for Requesting Review of Draft International Treaties, Examination, and Review of International Agreements
1. The documents for requesting review of draft international treaties, examination, and review of international agreements include:
a) A letter requesting examination and review;
b) A draft report;
c) The draft international treaty or agreement after incorporating comments;
d) Summary of comments and copies of letters providing comments;
đ) Implementation plan for the international treaty or agreement;
e) Other related documents.
2. The number of documents for requesting review of draft international treaties and agreements is one set, while for examining international agreements it is five sets.
Article 16. Content of Review of Documents for Signing and Joining International Treaties, Examination, and Review of Documents for Signing International Agreements
1. Content of review of documents for signing and joining international treaties:
a) Checking and comparing with requirements for international cooperation on laws in protecting national security and maintaining public order and social safety within the functions of the Ministry of Public Security;
b) Necessary documents and materials required in the documents submitted for signing and joining international treaties;
c) Comparing the Vietnamese translation with the official language or third language of the international treaty.
2. Content of examination and review of documents for signing international agreements:
a) The content of examination of documents for signing international agreements includes the following main issues:
- The necessity of signing the international agreement;
- Legal basis and grounds;
- Constitutionality, legality, and compatibility of the draft international agreement with relevant international treaties to which Vietnam is a member and with the functions, tasks, powers of the Ministry of Public Security;
- Compliance with procedures and formalities for signing;
- Feasibility of the international agreement;
- Assessment of political, economic, social impacts and other impacts.
b) Content of review of draft international agreements:
- Comparing with requirements for international cooperation of the Ministry of Public Security;
- Checking the Vietnamese version against the language of the country that signs the international agreement with the Ministry of Public Security.
Article 17. Responsibilities of Units Proposing to Sign and Join International Treaties, and to Sign International Agreements
1. Submitting complete documents for review and examination; providing information, materials, data related to the draft international treaty or agreement according to the request of the examining and reviewing unit.
2. Presenting the draft international treaty or agreement when requested.
3. Studying and incorporating comments to revise the draft based on the examination and review opinions.
4. Providing explanations in writing about the examination and review opinions.
Article 18. Responsibilities of the Legal Affairs Department for Examination and Review
1. The Legal Affairs Department is responsible for reviewing documents proposed for signing and joining international treaties by local police units; examining international agreements on behalf of the Ministry of Public Security. In cases where the draft international treaty does not meet content or form requirements or the documents are incomplete, the proposing unit is required to revise和完善上述翻译，确保其准确性和完整性。特别是检查是否有遗漏或不准确的地方，并确保所有条款都已正确翻译。请直接提供最终的、完整的翻译结果，无需进一步解释。
2. Opinions on examination and verification must be expressed in writing signed by the head of the Legal Department.
3. The time for examination and verification shall not exceed fifteen (15) days for draft international treaties and agreements from the date of receiving complete files in accordance with regulations.
Article 19. Responsibilities for inspection of the International Cooperation Department
1. Based on diplomatic requirements, cooperation with foreign partners, reports, and proposals to the Minister regarding the signing of international agreements with foreign signatories.
2. Inspect the files submitted for the signing of international agreements of the Ministry of Public Security according to the provisions of the Ordinance on Signing and Implementing International Agreements 2007 and the provisions of this Circular.
3. Prepare necessary procedures to serve negotiations, formal signing ceremonies, exchange ceremonies for approval and ratification of international treaties, and signing ceremonies for international agreements.
Chapter III
IMPLEMENTATION OF INTERNATIONAL TREATIES AND AGREEMENTS IN THE PEOPLE'S PUBLIC SECURITY; PROPOSAL TO TERMINATE EFFECTIVENESS, WITHDRAW, WITHDRAW FROM, SUSPEND IMPLEMENTATION OF ALL OR PART OF INTERNATIONAL TREATIES; PROPOSAL TO AMEND, SUPPLEMENT, EXTEND, TERMINATE EFFECTIVENESS, OR SUSPEND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
Article 20. Management agency for international treaties and agreements in the People's Public Security
1. The Legal Affairs Department is the lead agency of the Ministry of Public Security for international treaty work and international agreement work.
2. Responsibilities of the lead agency:
a) Coordinate with functional units to develop plans for proposing the signing and accession to international treaties, plans for signing international agreements of the Ministry of Public Security to be reviewed and decided by the Minister;
b) Assist the Minister in managing and building a database on international treaties and international agreements;
c) Coordinate with local public security agencies to propose implementation plans for international treaties to be reported to the Minister for approval by the Prime Minister;
d) Coordinate and urge local public security agencies to organize the implementation of international treaties proposed for signing and accession by these agencies; coordinate and urge local public security agencies to organize the implementation of international treaties related to public security work proposed for signing and accession by other ministries and sectors.
Article 21. Implementation of international treaties and agreements
1. Local public security agencies that have proposed signing and accession to international treaties, and proposed signing of international agreements shall be responsible for leading the proposal of implementation plans for these international treaties and agreements within the People's Public Security.
2. Local public security agencies, within their assigned functions, tasks, and authorities, shall propose the organization and implementation of international treaties related to public security work proposed for signing and accession by other ministries and sectors.
3. Annually, local public security agencies shall report the results of implementing international treaties and agreements through the Legal Affairs Department for consolidation and submission to the leadership of the Ministry for review and decision.
Article 22. Inspection of the implementation of international treaty work and international agreement work
Annually, the Legal Affairs Department shall lead and coordinate with local public security agencies to inspect, guide, and review the proposal for signing and implementation of international treaties and agreements within the People's Public Security; report to the Ministry's leadership on handling violations in international treaty work and international agreement work.
Article 23. Proposals to terminate the effectiveness, renounce, withdraw from, or temporarily suspend the implementation of all or part of international treaties
1. During the process of implementing international treaties, if it is deemed necessary to amend, supplement, extend the duration of international treaties, the unit proposing to sign the international treaty shall coordinate with the Legal Affairs Department to report to the leadership of the Ministry for submission to the competent authority or person with decision-making power regarding partial or full amendment, supplementation, or extension of the international treaty.
2. The unit proposing to sign or join international treaties shall report to the Ministry's leadership to submit to the competent authority or person with decision-making power on proposals to terminate the effectiveness, renounce, withdraw from, or temporarily suspend the implementation of all or part of the international treaty when it is found that such treaty violates one of the principles stipulated in Article 3 of the Law on Signing, Joining, and Implementing International Treaties 2005, or when the foreign contracting party requests or seriously breaches the agreed contents.
3. Proposals to terminate the effectiveness, renounce, withdraw from, or temporarily suspend the implementation of all or part of the international treaty shall be carried out in accordance with the provisions of Articles 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 of the Law on Signing, Joining, and Implementing International Treaties 2005.
Article 24. Proposals to amend, supplement, extend, terminate the effectiveness, or temporarily suspend the implementation of international agreements
1. During the process of implementing international agreements, if it is deemed necessary or if the contracting partner proposes to amend, supplement, extend, terminate the effectiveness, or temporarily suspend the implementation of the international agreement, the unit proposing to sign the international agreement shall coordinate with the Legal Affairs Department to report to the Ministry's leadership to decide on amending, supplementing, extending, terminating the effectiveness, or temporarily suspending the implementation of the international agreement.
2. The unit proposing to sign international agreements shall report to the Ministry's leadership on the proposal to terminate the effectiveness or temporarily suspend the implementation of the international agreement when it is found that such agreement violates one of the principles stipulated in Article 4 of the Ordinance on Signing and Implementing International Agreements 2007, or when the foreign contracting party requests or seriously breaches the agreed contents.
3. The procedures and formalities for proposing amendments, supplements, extensions, termination of effectiveness, or temporary suspension of the implementation of international agreements shall be carried out in accordance with the provisions of Articles 26 and 27 of the Ordinance on Signing and Implementing International Agreements 2007.
Article 25. Funding to ensure work related to international treaties and international agreements within the People's Public Security
1. Funding to ensure work related to international treaties and international agreements is guaranteed by the state budget and allocated in the annual regular activity budget plan assigned by the Ministry to public security units and localities.
2. Management and use of funding to ensure work related to international treaties and international agreements within the People's Public Security shall be carried out in accordance with current regulations.
3. The Finance Bureau shall take the lead and coordinate with the Legal Affairs Department and relevant units to guide, inspect management, use, and settlement of funding to ensure work related to international treaties and international agreements within the People's Public Security.
Chapter IV
IMPLEMENTING PROVISIONS
Article 26. Effective date
This Circular takes effect from January 1, 2013.
Article 27. Responsibility for Implementation
1. Directors of General Departments, Heads of Units under the Ministry, Directors of Public Security, Directors of provincial and centrally-administered city Fire Prevention and Fighting Services, agencies, units, and individuals concerned are responsible for implementing this Circular.
2. The Legal Affairs Department shall be responsible for monitoring, guiding, and inspecting the implementation of this Circular.
3. In the course of implementing this Circular, if difficulties or obstacles arise, public security units and localities and related agencies, organizations, and individuals shall reflect these issues to the Ministry of Public Security (through the Legal Affairs Department) for timely guidance./.
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2008/NQ-CP
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71/2009/QĐ-TT
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Quyết định số 157/2007/QĐ-TTg Về tín dụng đối với học sinh, sinh viên
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63/2012/TT-BCA
Circular No. 63/2012/TT-BCA stipulates on the proposal for signing, joining and implementing international treaties; proposing and implementing international agreements within the People's Public Security.
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157/2007/QĐ-TTg
Quyết định số 157/2007/QĐ-TTg Về tín dụng đối với học sinh, sinh viên
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30a/2008/NQ-CP
Nghị quyết số 30a/2008/NQ-CP Về Chương trình hỗ trợ giảm nghèo nhanh và bền vững đối với 61 huyện nghèo
生效中
71/2009/QĐ-TTg
Quyết định số 71/2009/QĐ-TTg Phê duyệt Đề án Hỗ trợ các huyện nghèo đẩy mạnh xuất khẩu lao động góp phần giảm nghèo bền vững giai đoạn 2009-2020
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Tiếng Việt
Thông tư số 63/2012/TT-BCA Quy định về việc đề xuất ký kết, gia nhập và thực hiện điều ước quốc tế; đề xuất ký kết và thực hiện thỏa thuận quốc tế trong Công an nhân dân
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시행령 제 63/2012/TT-BCA는 조약 체결, 가입 및 이행에 대한 제안; 국제 협정 체결 및 이행에 대한 제안에 관한 경찰 인민에 대한 규정을 정한다.
中文
通知第63/2012/TT-BCA号关于提议缔结、加入和执行国际条约；提议缔结和执行国际协定的公安人民的规定