Decree No. 64/2021/NĐ-CP on signing and implementing international agreements in the name of agencies under ministries, ministerial-level agencies; specialized agencies under provincial People's Committees; People's Committees of communes in border areas; provincial-level agencies of organizations.

DECREE

VOn signing and implementing international agreements on behalf of councilDecree b||| ministries and ministerial-level agencies b; specialized agencies under provincial People's Committees ; district-level People's Committees; commune-level People's Committeesin border areas; provincial-level agencies of organizations

^{_____________}

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

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

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

At the proposal of the Minister of Foreign Affairs;

The Government issues this Decree on signing and implementing international agreements on behalf of general bureaus, bureaus under b||| ministries and ministerial-level agencies b; specialized agencies under provincial People's Committees; district-level People's Committees; commune-level People's Committees in border areas; provincial-level agencies of organizations. 

PART I

GENERAL PROVISIONS

This Decree provides detailed regulations for Clause 3, Article 20 and Clause 2, Article 23 of the International Agreement Law regarding the signing and implementation of international agreements on behalf of general bureaus, bureaus under ministries, agencies at the ministerial level; specialized agencies under provincial People's Committees; district-level People's Committees; commune-level People's Committees in border areas; provincial-level agencies of organizations (hereinafter referred to collectively as subordinate units).

Article 2. Applicability

a) General bureaus, bureaus under ministries, agencies at the ministerial level (hereinafter referred to as agency at the Bureau level);

b) Specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government (hereinafter referred to as agency at the Department level);

c) District-level People's Committees, town-level People's Committees, district-level People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to as district-level People's Committee);

d) Commune-level People's Committees in border areas in accordance with the laws on border areas (hereinafter referred to as commune-level People's Committee in border areas);

đ) Provincial-level agencies of political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (hereinafter referred to as provincial-level agencies of organizations).

2. Relevant agencies, organizations, and individuals.

3. The agencies and organizations specified in point a Clause 1 of this Article do not include agencies and units within the Vietnam People's Army and the Vietnam People's Public Security Force.

Chapter II

CONTENTS, PROCEDURES, AND FORMALITIES FOR SIGNING INTERNATIONAL AGREEMENTS

ON BEHALF OF SUBORDINATE UNITS

Article 3. Contents of international agreements signed on behalf of subordinate units

1. An international agreement must be in writing, stating the intention to cooperate through specific activities within the scope of the functions, tasks, and authorities of the relevant subordinate unit. An international agreement must include the following main contents:

a) Name of the document;

b) Names of the signatories;

c) Field, content, and method of cooperation;

d) Effective date and duration;

đ) Date of signature, place of signature, language of signature;

e) Full name and position of the representative signing.

2. An international agreement may also include other contents such as information exchange mechanisms, confidentiality, costs, dispute resolution, amendment, supplementation, extension, and termination of the international agreement.

3. The contents of an international agreement must reflect that the international agreement does not have binding legal effect.

4. The contents of an international agreement signed on behalf of a commune-level People's Committee in border areas must comply with Clause 6, Article 3 of the International Agreement Law.

5. The contents of an international agreement signed on behalf of a provincial-level agency of an organization must be consistent with the objectives, purposes, fields, and scope of activities of that organization.

Article 4. Procedures and formalities for signing international agreements on behalf of an agency at the Bureau level

1. Before proceeding with the signing of an international agreement, the agency at the Bureau level must seek written opinions from the agency or unit responsible for foreign affairs and international cooperation (hereinafter referred to as the lead unit for international cooperation) and related organizations under the ministry or agency at the ministerial level directly involved in the international agreement.

2. Agencies and units required to provide opinions in accordance with Clause 1 of this Article must respond in writing within seven working days from the date they receive complete documentation seeking opinions on the proposal to sign the international agreement as stipulated in Article 11 of this Decree.

3. The Minister or Head of an agency at the ministerial level decides in writing on the signing of the international agreement within five working days from the date of receiving complete documentation from the agency at the Bureau level as stipulated in Article 12 of this Decree.

5. After signing the international agreement, the agency at the Bureau level reports in writing to the Minister or Head of an agency at the ministerial level, and simultaneously sends a copy of the international agreement to the lead unit for international cooperation under the ministry for notification within fifteen days from the date the international agreement was signed.

Article 5. Procedure for signing international agreements on behalf of provincial-level departments

1. Before proceeding with the signing of international agreements, provincial-level departments must seek written opinions from the foreign affairs agency under the provincial People's Committee (hereinafter referred to as the provincial foreign affairs agency), relevant provincial-level departments directly related to the international agreement, and other relevant agencies.

2. The agencies requested to provide opinions as specified in Clause 1 of this Article shall reply in writing within seven working days from the date they receive complete files as stipulated in Article 11 of this Decree.

3. Provincial-level departments shall compile, explain, incorporate opinions, and submit the proposal file for signing the international agreement to the provincial foreign affairs agency for submission to the Chairman of the provincial People's Committee for examination and decision.

4. The Chairman of the provincial People's Committee decides in writing on the signing of the international agreement within five working days from the date of receiving all required documents as stipulated in Article 12 of this Decree.

5. The head of the Department-level agency shall proceed to sign the agreement or authorize in writing another person to sign the international agreement.

6. After signing the international agreement, the provincial-level department shall report in writing to the Chairman of the provincial People's Committee, and simultaneously send a copy of the international agreement to the provincial foreign affairs agency for notification within fifteen days from the date of signing the international agreement.

1. Before proceeding with the signing of international agreements, district-level People's Committees must seek written opinions from the provincial foreign affairs agency, relevant provincial-level departments directly related to the international agreement, and other relevant agencies.

2. The agencies requested to provide opinions as specified in Clause 1 of this Article shall reply in writing within seven working days from the date they receive complete files as stipulated in Article 11 of this Decree.

3. District-level People's Committees shall compile, explain, incorporate opinions, and submit the proposal file for signing the international agreement to the provincial foreign affairs agency for submission to the Chairman of the provincial People's Committee for examination and decision.

4. The Chairman of the provincial People's Committee decides in writing on the signing of the international agreement within five working days from the date of receiving all required documents as stipulated in Article 12 of this Decree.

5. The Chairman of the district-level People's Committee shall sign the international agreement or authorize in writing another person to sign the international agreement.

6. After signing the international agreement, the district-level People's Committee shall report in writing to the Chairman of the provincial People's Committee, and simultaneously send a copy of the international agreement to the provincial foreign affairs agency for notification within fifteen days from the date of signing the international agreement.

1. Before proceeding with the signing of international agreements, border commune-level People's Committees must seek written opinions from the district-level People's Committee.

2. Within seven working days from the date of receiving all required documents as stipulated in Article 11 of this Decree, the district-level People's Committee shall provide written comments and submit the proposal file for signing the international agreement to the provincial foreign affairs agency.

3. The provincial foreign affairs agency shall seek written opinions from the provincial Public Security Department, the provincial Border Guard Command, the provincial Military Command, relevant provincial-level departments directly related, and other relevant agencies within three working days from the date of receiving all required documents as stipulated in Clause 2 of this Article.

4. Agencies and units whose opinions were sought as stipulated in Clause 3 of this Article shall respond in writing within seven working days from the date of receipt of the provincial foreign affairs agency's request for comments on the proposal to sign the international agreement on behalf of the border commune-level People's Committee.

5. The Chairman of the provincial People's Committee shall decide in writing on the signing of the international agreement on behalf of the border commune-level People's Committee within five working days from the date of receiving all required documents as stipulated in Article 12 of this Decree.

6. The Chairman of the border commune-level People's Committee shall sign the international agreement or authorize in writing another person to sign the international agreement.

7. After signing the international agreement, the border commune-level People's Committee shall report in writing to the Chairman of the district-level People's Committee, accompanied by a copy of the international agreement within fifteen days from the date of signing the international agreement. The district-level People's Committee shall send a copy of the international agreement to the provincial foreign affairs agency within seven working days from the date of receipt of the report from the border commune-level People's Committee.

Article 8. Procedure and formalities for signing international agreements on behalf of provincial-level organs of organizations

1. Before proceeding to sign an international agreement, the provincial-level organ of the organization shall seek written opinions from the provincial foreign affairs organ, relevant provincial departments directly related to that international agreement, and other relevant organs.

2. In cases where the Charter of the organization stipulates seeking the opinion of the central organ of the organization, in addition to seeking written opinions from the organs specified in Clause 1 of this Article, the provincial-level organ of the organization shall also seek written opinions from the central organ of the organization.

3. The agencies whose opinions are sought under Clauses 1 and 2 of this Article shall reply in writing within seven working days from the date they receive all required documents as stipulated in Article 11 of this Decree.

4. After receiving written responses from the organs and organizations specified in Clauses 1 and 2 of this Article, the provincial-level organ of the organization shall submit the matter for comments on signing the international agreement to the organ managing external activities of its provincial-level organ.

5. The organ managing external activities of the provincial-level organ of the organization shall decide in writing on signing the international agreement within five working days from the date of receipt of all required documents as prescribed in Article 12 of this Decree.

6. The head of the provincial-level organ of the organization shall proceed to sign the international agreement or delegate in writing another person to sign it upon receiving the written approval as stipulated in Clause 5 of this Article.

7. After signing the international agreement, the provincial-level organ of the organization shall report in writing to the organ managing external activities of the organization, and simultaneously send a copy of the international agreement to the provincial foreign affairs organ for notification within fifteen days from the date of signing the international agreement.

Article 9. Cases where the opinion of the ministry-level agency is sought

4. The Minister, Head of an equivalent ministry, or Chairman of the Provincial People's Committee may seek the opinion of the Ministry of Foreign Affairs if they consider the international agreement signed on behalf of a subordinate unit to be complex or sensitive in terms of foreign relations. The procedure and formalities for seeking opinions shall be carried out according to the provisions of Clause 1 and Clause 2 of Article 19 of the International Agreement Law.

5. The Minister, Head of an equivalent ministry, or Chairman of the Provincial People's Committee shall decide in writing on signing the international agreement on behalf of a subordinate unit after receiving written approval from the central organ specified in Clauses 1, 2, 3, and 4 of this Article.

Article 10. Content of the decision allowing the signing of international agreements on behalf of subordinate units

1. The decision of the Minister, Head of an equivalent ministry, or Chairman of the Provincial People's Committee allowing the signing of an international agreement must be in writing and include the following contents:

a) The name of the international agreement and the names of the parties to the international agreement;

b) The representative signing the international agreement;

c) Requirements regarding the publication of the international agreement;

d) Responsibilities of the organs and organizations in signing and implementing the international agreement;

đ) Draft text of the international agreement.

2. The decision allowing the signing of an international agreement on behalf of the provincial-level organ of the organization shall include the contents at points a, b, c, and d of Clause 1 of this Article.

The documents for soliciting opinions as stipulated in Clause 2, Article 4, Clause 2, Article 5, Clause 2, Article 6, Clause 2, Article 7, and Clause 3, Article 8 include:

1. A proposal document regarding the signing of international agreements, specifying the context, purpose of signing the international agreement; the main contents of the international agreement; assessment of the compatibility of the international agreement with Vietnamese laws, the impact of the planned international agreement; compliance with the provisions of Article 3 of the Law on International Agreements and Article 3 of this Decree; recommendations for the name and position of the representative to sign; recommendations on the publication and confidentiality of the international agreement.

2. Draft texts of the international agreement in Vietnamese and foreign languages. In cases where the international agreement only has a text in a foreign language, there must be a Vietnamese translation attached.

The documents for submitting proposals on signing international agreements as stipulated in Clause 3, Article 4, Clause 3, Article 5, Clause 3, Article 6, Clause 5, Article 7, and Clause 5, Article 8 of this Decree include:

1. A proposal document regarding the signing of international agreements, including the contents prescribed in Clause 1, Article 11 of this Decree and issues with differing opinions among relevant agencies and organizations (if any).

3. Report explaining and incorporating opinions of relevant agencies and organizations.

4. Draft texts of the international agreement in Vietnamese and foreign languages. In cases where the international agreement only has a text in a foreign language, there must be a Vietnamese translation attached.

Chapter III

AMENDMENT, SUPPLEMENTATION, EXTENSION, TERMINATION OF EFFECTIVENESS, WITHDRAWAL, TEMPORARY SUSPENSION OF IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 13. Amendment, supplementation, extension of international agreements on behalf of subordinate units

4. Provincial-level agencies of organizations shall notify in writing the management agency for external activities of that organization and the provincial foreign affairs agency about the amendment, supplementation, and extension of international agreements within 15 days from the date these amendments, supplements, and extensions take effect.

Article 14. Termination of Effectiveness, Withdrawal, and Temporary Suspension of Implementation of International Agreements on Behalf of Subordinate Units

4. Provincial-level agencies of organizations shall notify in writing the management agency for external activities of that organization and the provincial foreign affairs agency about the termination of effectiveness, withdrawal, and temporary suspension of implementation of international agreements within 15 days from the date these terminations, withdrawals, and suspensions take effect.

Chapter IV

MANAGEMENT OF ACTIVITIES OF SIGNING AND IMPLEMENTING INTERNATIONAL AGREEMENTS ON BEHALF OF SUBORDINATE UNITS

THOUGHTS ON THE MANAGEMENT OF ACTIVITIES OF SIGNING AND IMPLEMENTING INTERNATIONAL AGREEMENTS ON BEHALF OF SUBORDINATE UNITS

Article 15. Responsibilities of agencies and organizations in managing activities of signing and implementing international agreements on behalf of subordinate units

1. Ministries, ministerial-level agencies, and provincial People's Committees have the responsibility:

a) To manage activities related to the conclusion and implementation of international agreements on behalf of subordinate units according to the provisions stipulated in Clauses 4, 5, and 6 of Article 42 of the Law on International Agreements;

b) Popularizing, educating the law, supervising, inspecting, auditing, rewarding, handling violations of the law, resolving complaints and denunciations related to the signing and implementation of international agreements on behalf of subordinate units in accordance with the provisions of Clause 4, Clause 5, and Clause 6 of Article 46 of the International Agreement Law;

c) To report on the situation of concluding and implementing international agreements on behalf of subordinate units according to the provisions stipulated in Clause 2 of Article 16 of this Decree.

2. Agencies and organizations concluding international agreements implement the reporting system on international agreement work as stipulated in Clause 1 of Article 16 of this Decree.

3. The lead unit for international cooperation under the ministry, provincial foreign affairs agency shall receive reports on the situation of signing and implementing international agreements on behalf of subordinate units, compile and build reports of ministries, ministerial-level agencies, provincial People's Committees on international agreement work on behalf of subordinate units as stipulated in Article 16 of this Decree.

4. The agency managing external activities of the provincial-level organization shall coordinate with the provincial People's Committee to guide the signing and implementation of international agreements on behalf of the provincial-level organization.

Article 16. Reporting on the Situation of Concluding and Implementing International Agreements on Behalf of Subordinate Units

1. Agencies and organizations that sign international agreements shall implement a reporting system on the situation and planned signing and implementation of international agreements on a regular annual basis or ad hoc as required by the competent authority.

a) Agencies at the Bureau level submit reports to the main unit for international cooperation under the Ministry.

b) Agencies at the Department level submit reports to the provincial foreign affairs agency.

d) The provincial-level agency of the organization submits reports to the external activity management agency of the provincial-level agency of the organization, and simultaneously sends them to the provincial foreign affairs agency.

2. Ministries, ministerial-level agencies, provincial People's Committees are responsible for building reports on the situation and planned signing and implementation of international agreements on behalf of subordinate units to be sent to the Ministry of Foreign Affairs. Reports are prepared according to templates guided by the Ministry of Foreign Affairs.

Article 17. Posting of International Agreements on Behalf of Subordinate Units

2. The lead unit for international cooperation under the ministry, provincial foreign affairs agency shall take the lead and coordinate with relevant agencies and organizations to implement the publication and disclosure of international agreements as stipulated in Clause 1 of this Article.

3. Provincial-level organizations shall disclose their international agreements through posting on their electronic portal, website, public media, or other appropriate means, except where publication and disclosure are not allowed under laws or pursuant to agreements with foreign signatories.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from July 1, 2021.

Ministers, heads of ministerial-level agencies, Chairmen of provincial People's Committees, Chairmen of district People's Committees, Chairmen of border commune People's Committees, heads of relevant agencies and organizations are responsible for enforcing this Decree./.