Law on International Agreements No. 70/2020/QH14

LAW
INTERNATIONAL AGREEMENT

_________

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on International Agreements.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Law stipulates principles, authorities, procedures, formalities for concluding, amending, supplementing, extending, terminating effectiveness, withdrawing from, temporarily suspending implementation, organizing implementation, and responsibilities of agencies in concluding and implementing international agreements.

2. This Law does not regulate the conclusion and implementation of agreements on official development assistance (ODA) and preferential loans from foreign donors under the law on public debt management; agreements on lending and aid provided by Vietnam to foreign countries under the law on lending and aid provided by Vietnam to foreign countries; agreements on non-governmental foreign aid under the law on non-governmental foreign aid; contracts under civil law; project investment contracts under the law on public-private partnership investment.

Article 2. Interpretation of Terms

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

1. International Agreement is an agreement in writing on international cooperation between the Vietnamese signatory within its functions, tasks, and powers and the foreign signatory, which does not create, change, or terminate the rights and obligations of the Socialist Republic of Vietnam according to international law.

2. Vietnamese Signatory including:

a) State, National Assembly, Government;

b) Ethnic Council, Committee of the National Assembly (hereinafter referred to collectively as the National Assembly's agency), Secretary-General of the National Assembly, National Assembly Office, agency under the Standing Committee of the National Assembly, State Audit Agency;

c) Office

d) Ministry, agency equivalent to a ministry, agency under the Government;

đ) People's Council, People's Committee at provincial level (hereinafter referred to collectively as provincial-level state agency);

e) General Department, department under a ministry, agency equivalent to a ministry;

g) Specialized agency under the People's Committee at provincial level;

h) People's Committee at district level;

i) People's Committee at commune level in border areas;

k) Central agency of political-social organization, political-social-professional organization, social organization, social-professional organization (hereinafter referred to collectively as central agency of organization); provincial-level agency of political-social organization, political-social-professional organization, social organization, social-professional organization (hereinafter referred to collectively as provincial-level agency of organization).

3. Central State Agency includes agencies specified in points b, c, and d, Clause 2 of this Article.

4. Foreign Signatory is the State, National Assembly, Government, local government, agency, organization established under foreign law, international organization, foreign individual.

5. Signed is an act performed by a person with authority or an authorized agency, including signing, adopting an international agreement or exchanging documents to form an international agreement.

6. Signature is an act of a person with authority or a person authorized to use their signature to accept the conclusion of an agency or organization that has concluded an international agreement.

7. Termination of Effectiveness of an International Agreement is an act performed by the Vietnamese signatory to renounce the effectiveness of an international agreement.

8. Withdrawal from an International Agreement is an act performed by the Vietnamese signatory to renounce the acceptance of the binding nature of an international agreement.

9. Temporary Suspension of Implementation of an International Agreement is an act performed by the Vietnamese signatory to temporarily halt the implementation of all or part of an international agreement.

Article 3. Principles for the conclusion and implementation of international agreements

1. In accordance with the Constitution, 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; respecting the principle of respecting national sovereignty, not interfering in internal affairs of other countries, and other fundamental principles of international law.

2. The conclusion of international agreements shall not create, change, or terminate rights and obligations of the Socialist Republic of Vietnam under international law; international agreements shall not be concluded on issues that must be implemented through the conclusion of international treaties as provided by law.

3. Ensuring requirements for external relations and the effectiveness of international agreements concluded within the scope of state budget funds allocated or self-financed as prescribed by law.

4. In accordance with the functions, tasks, and authorities of agencies and organizations concluding international agreements, and complying with the procedures and formalities for concluding international agreements prescribed in this Law.

5. Agencies and organizations specified in points b, c, d, đ, e, g, h, i, and k Clause 2 Article 2 of this Law shall not conclude international agreements that bind the State, National Assembly, Government, or Vietnamese agencies and organizations not party to such agreements to implement them.

6. People's Committees at the commune level in border areas may only conclude international agreements with foreign counterparts at the equivalent local government level regarding exchanges, information exchange, sister-city relationships, and cooperation in border management in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a party.

7. The Vietnamese signatory has the responsibility to implement the international agreement concluded, and simultaneously has the right to request the foreign signatory to also implement the international agreement in a spirit of friendship and cooperation.

Article 4. Content of state management over international agreements

1. Issuing legal normative documents on international agreements.

2. Ensuring the conclusion and implementation of international agreements in accordance with the law.

3. Popularizing, educating, and guiding the enforcement of laws on international agreements.

4. Organizing statistics and archiving of international agreements.

5. Inspecting, auditing, rewarding, and handling violations of laws on international agreements.

6. Resolving complaints and denunciations related to the conclusion and implementation of international agreements.

Article 5. State management agencies for international agreements

1. The Government exercises unified state management over international agreements.

2. The Ministry of Foreign Affairs is responsible before the Government for state management over international agreements.

3. Ministries and ministerial-level agencies, within their respective functions and authorities, cooperate with the Ministry of Foreign Affairs to manage international agreements on behalf of their own agencies and general departments, departments under ministries and ministerial-level agencies.

4. Provincial People's Committees, within their respective functions and authorities, cooperate with the Ministry of Foreign Affairs to manage international agreements on behalf of their own agencies, specialized agencies under provincial People's Committees, district People's Committees, and commune People's Committees in border areas.

Article 6. Name of International Agreement

An international agreement shall be signed with the name of agreement, communiqué, declaration, memorandum of understanding, memorandum of record, minutes of agreement, exchange records, cooperation program, cooperation plan, or other names, except for the specific names of international treaties including convention, treaty, covenant, and agreement.

Article 7. Language of International Agreements

An international agreement must have a Vietnamese version, except where otherwise agreed between the contracting parties of Vietnam and the foreign contracting party. In cases where the international agreement has only a foreign language version, the Vietnamese contracting party shall be responsible for translating the international agreement into Vietnamese.

The Vietnamese version must ensure accuracy in content and consistency in form with the foreign language version of the international agreement.

Chapter II

SIGNING OF INTERNATIONAL AGREEMENTS

Section 1

SIGNING OF INTERNATIONAL AGREEMENTS ON BEHALF OF THE STATE AND THE GOVERNMENT

Article 8. Authority to Decide on Signing International Agreements on Behalf of the State and the Government

1. The President decides on signing international agreements on behalf of the State.

2. The Prime Minister decides on signing international agreements on behalf of the Government.

Article 9. Procedures and Formalities for Signing International Agreements on Behalf of the State and the Government

1. Ministries, ministerial-level agencies, and government agencies submit a dossier proposing the signing of international agreements on behalf of the State and the Government to seek the written opinions of the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. Ministries, ministerial-level agencies, and government agencies are responsible for studying and incorporating the opinions of the consulted agencies and organizations, and completing the dossier for submission.

4. The President or the Prime Minister decides and proceeds to sign or delegate another person to sign the international agreement. Based on the written decision of the President or the Prime Minister, ministries, ministerial-level agencies, and government agencies organize the signing of the international agreement.

5. Ministries, ministerial-level agencies, and government agencies report in writing to the President or the Prime Minister, send copies of the international agreement to the Ministry of Foreign Affairs and relevant agencies and organizations within fifteen days from the date the international agreement is signed.

Article 10. Issuance of Power of Attorney for Signing International Agreements on Behalf of the State and the Government

The Minister of Foreign Affairs issues a power of attorney for signing international agreements on behalf of the State and the Government based on the written consent of the President or the Prime Minister, except for international agreements signed by the President, the Prime Minister, or the Minister of Foreign Affairs.

Article 11. Review and Comparison of Texts of International Agreements Signed on Behalf of the State and the Government Before Signing

Prior to signing international agreements on behalf of the State and the Government, ministries, ministerial-level agencies, and government agencies, in coordination with the Ministry of Foreign Affairs and relevant state agencies, review and compare the Vietnamese text with the foreign language text to ensure accuracy in content and consistency in form.

Section 2

SIGNING OF INTERNATIONAL AGREEMENTS ON BEHALF OF THE NATIONAL ASSEMBLY, AGENCIES OF THE NATIONAL ASSEMBLY, SECRETARY GENERAL OF THE NATIONAL ASSEMBLY, NATIONAL ASSEMBLY OFFICE, AGENCIES UNDER THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, AND STATE AUDIT ORGANIZATION

Article 12. Competence to decide on the conclusion of international agreements in the name of the National Assembly, its agencies, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency

1. The Chairman of the National Assembly decides on the conclusion of international agreements in the name of the National Assembly.

2. The Chairman of the National Ethnic Council and the Head of the National Assembly's Committees decide on the conclusion of international agreements in the name of their respective agencies.

3. The Secretary-General of the National Assembly decides on the conclusion of international agreements within his/her competence.

4. The Head of the Office of the National Assembly decides on the conclusion of international agreements in the name of the Office of the National Assembly.

5. The head of agencies under the Standing Committee of the National Assembly decides on the conclusion of international agreements in the name of their respective agencies.

6. The General Auditor of the State Audit Agency decides on the conclusion of international agreements in the name of the State Audit Agency.

Article 13. Procedures and formalities for concluding international agreements in the name of the National Assembly, its agencies, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency

1. The National Assembly's Foreign Affairs Committee sends the file proposing the conclusion of an international agreement in the name of the National Assembly to the Ministry of Foreign Affairs and relevant agencies and organizations directly related to that international agreement for comments in writing.

Agencies of the National Assembly, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency send the file proposing the conclusion of an international agreement in their own name to the National Assembly's Foreign Affairs Committee, the Ministry of Foreign Affairs, and relevant agencies and organizations directly related to that international agreement for comments in writing.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. The person with the authority prescribed in Article 12 of this Law decides and proceeds to conclude the international agreement or authorize another person to sign it after studying and incorporating the comments from the agencies and organizations that were consulted.

4. In the case where the agencies and organizations consulted do not agree with the conclusion of the international agreement, the procedures and formalities shall be carried out as follows:

a) Agencies of the National Assembly, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency have the responsibility to submit the matter of concluding the international agreement for the opinion of the Vice-Chairman of the National Assembly in charge of foreign affairs, and must report fully the opinions of the consulted agencies and organizations.

Within seven working days from the date of receiving all files as stipulated in Article 28 of this Law, the Vice-Chairman of the National Assembly in charge of foreign affairs gives his/her opinion on the conclusion of the international agreement.

b) Within seven working days from the date of receiving all files as stipulated in Article 28 of this Law and the opinion of the Vice-Chairman of the National Assembly in charge of foreign affairs submitted by the agencies of the National Assembly, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency, the Chairman of the National Assembly decides in writing on the conclusion of the international agreement.

c) The conclusion of the international agreement is carried out after obtaining the written consent of the Chairman of the National Assembly.

5. Agencies of the National Assembly, the Secretary-General of the National Assembly, the Office of the National Assembly, agencies under the Standing Committee of the National Assembly, and the State Audit Agency report in writing to the Chairman of the National Assembly, and send copies of the international agreement to the National Assembly's Foreign Affairs Committee and the Ministry of Foreign Affairs within fifteen days from the date the international agreement is concluded.

Section 3

CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE OFFICE OF THE STATE PRESIDENT, SUPREME PEOPLE'S COURT, AND SUPREME PROCURATORATE

Article 14. Competence to decide on the conclusion of international agreements in the name of the President's Office, Supreme People's Court, and Supreme People's Procuracy

1. The Director of the President's Office

2. The Chief Justice of the Supreme People's Court decides on the conclusion of international agreements in the name of the Supreme People's Court.

3. The Prosecutor General of the Supreme People's Procuracy decides on the conclusion of international agreements in the name of the Supreme People's Procuracy.

Article 15. Procedures and formalities for concluding international agreements in the name of the President's Office, Supreme People's Court, and Supreme People's Procuracy

1. The President's Office, Supreme People's Court, and Supreme People's Procuracy submit the dossier proposing the international agreement for their respective agencies to solicit written opinions from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. The Director of the President's Office, the Chief Justice of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuracy decide and proceed with the conclusion of the international agreement or delegate another person to sign it after considering and adopting the opinions of the solicited agencies and organizations.

4. In the case where the agencies and organizations consulted do not agree with the conclusion of the international agreement, the procedures and formalities shall be carried out as follows:

a) The President's Office, Supreme People's Court, and Supreme People's Procuracy are responsible for submitting the matter to the President for comments on the conclusion of the international agreement. The submitting agency must report fully on the opinions of the solicited agencies and organizations.

b) Within seven working days from the date of receiving the complete dossier as stipulated in Article 28 of this Law, the President provides written comments on the conclusion of the international agreement.

c) The conclusion of the international agreement is carried out after obtaining the written approval of the President.

5. The President's Office, Supreme People's Court, and Supreme People's Procuracy report in writing to the President and send a copy of the international agreement to the Ministry of Foreign Affairs within fifteen days from the date of signing the international agreement.

Section 4

CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND AGENCIES UNDER THE GOVERNMENT

Article 16. Competence to decide on the conclusion of international agreements in the name of Ministries, agencies equivalent to Ministries, and agencies under the Government

The Minister, Head of an agency equivalent to a Ministry, and head of an agency under the Government decide on the conclusion of international agreements in the name of their respective Ministries, agencies equivalent to Ministries, and agencies under the Government.

Article 17. Procedures and formalities for concluding international agreements in the name of Ministries, agencies equivalent to Ministries, and agencies under the Government

1. Ministries, agencies equivalent to Ministries, and agencies under the Government submit the dossier proposing the conclusion of the international agreement for their respective agencies to solicit written opinions from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. The Minister, Head of an agency equivalent to a Ministry, and head of an agency under the Government decide and proceed with the conclusion of the international agreement or delegate another person to sign it after considering and adopting the opinions of the solicited agencies and organizations.

4. In the case where the agencies and organizations consulted do not agree with the conclusion of the international agreement, the procedures and formalities shall be carried out as follows:

a) Ministries, agencies equivalent to Ministries, and agencies under the Government are responsible for submitting the matter to the Prime Minister for comments on the conclusion of the international agreement. The submitting agency must report fully on the opinions of the solicited agencies and organizations.

b) Within seven working days from the date of receiving the complete dossier as stipulated in Article 28 of this Law, the Prime Minister provides written comments on the conclusion of the international agreement.

c) The conclusion of the international agreement is carried out after obtaining the written approval of the Prime Minister.

5. Ministries, agencies equivalent to Ministries, and agencies under the Government report in writing to the Prime Minister and send a copy of the international agreement to the Ministry of Foreign Affairs within fifteen days from the date of signing the international agreement.

Section 5

CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF PROVINCE-GOVERNING AGENCIES

Article 18. Competence to decide on signing international agreements in the name of provincial state agencies

1. The Chairman of the Provincial People's Council decides on signing international agreements in the name of the Provincial People's Council.

2. The Chairman of the Provincial People's Committee decides on signing international agreements in the name of the Provincial People's Committee.

Article 19. Procedures and formalities for signing international agreements in the name of provincial state agencies

1. The provincial state agency sends the dossier proposing to sign an international agreement in its own name to solicit the written opinion of the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. The person with competence as stipulated in Article 18 of this Law decides and proceeds to sign the international agreement or delegates another person to sign it after considering and adopting the opinions of the solicited agencies and organizations.

4. In the case where the agencies and organizations consulted do not agree with the conclusion of the international agreement, the procedures and formalities shall be carried out as follows:

a) The provincial state agency has the responsibility to submit to the Prime Minister for his opinion on signing the international agreement. The submitting agency must report fully the opinions of the solicited agencies and organizations;

b) Within seven working days from the date of receiving the complete dossier as prescribed in Article 28 of this Law, the Prime Minister gives his written opinion on signing the international agreement;

c) The conclusion of the international agreement is carried out after obtaining the written approval of the Prime Minister.

5. The provincial state agency reports in writing to the Prime Minister and sends a copy of the international agreement to the Ministry of Foreign Affairs within fifteen days from the date the international agreement is signed.

Chapter 6

SIGNING INTERNATIONAL AGREEMENTS IN THE NAME OF GENERAL DEPARTMENTS, DEPARTMENTS UNDER MINISTRIES, DEPARTMENTS EQUIVALENT TO MINISTRIES; SPECIALIZED AGENCIES UNDER PROVINCIAL PEOPLE'S COMMITTEES; PROVINCIAL PEOPLE'S COMMITTEES; PROVINCIAL PEOPLE'S COMMITTEES AT BORDER AREAS

Article 20. Signing international agreements in the name of general departments, departments under ministries, departments equivalent to ministries; specialized agencies under provincial people's committees; provincial people's committees; provincial people's committees at border areas

1. The Minister, Head of department equivalent to a ministry decides on signing international agreements in the name of general departments, departments under ministries, departments equivalent to ministries.

2. The Chairman of the Provincial People's Committee decides on signing international agreements in the name of specialized agencies under the Provincial People's Committee; Provincial People's Committees; Provincial People's Committees at border areas.

3. The Government shall provide detailed regulations on signing and implementing international agreements in the name of general departments, departments under ministries, departments equivalent to ministries; specialized agencies under provincial people's committees; provincial people's committees; provincial people's committees at border areas.

Section 7

SIGNING INTERNATIONAL AGREEMENTS IN THE NAME OF CENTRAL ORGANIZATIONS AND PROVINCIAL ORGANIZATIONS OF ORGANIZATIONS

Article 21. Competence to decide on signing international agreements in the name of central organizations

The head of the central organization decides on signing international agreements in the name of the central organization after obtaining the written consent of the organization's foreign affairs management agency.

Article 22. Procedures and formalities for signing international agreements in the name of central organizations

1. The central organization sends the dossier proposing to sign an international agreement in its own name to solicit the written opinion of the Ministry of Foreign Affairs, the state management agency in the relevant field of cooperation, and the agencies and organizations directly related to the international agreement.

2. Agencies and organizations consulted are responsible for replying in writing within seven working days from the date they receive the dossier as stipulated in Article 27 of this Law.

3. The central organization has the responsibility to submit to the organization's foreign affairs management agency for its opinion on signing the international agreement after considering and adopting the opinions of the solicited agencies and organizations.

4. Within seven working days from the date of receiving the complete dossier as prescribed in Article 28 of this Law, the organization's foreign affairs management agency gives its written opinion on signing the international agreement.

5. The head of the central organization decides and proceeds to sign the international agreement or delegates another person to sign it after obtaining the written consent of the organization's foreign affairs management agency.

6. The central organization reports in writing to the organization's foreign affairs management agency and sends a copy of the international agreement to the Ministry of Foreign Affairs within fifteen days from the date the international agreement is signed.

Article 23. Signing international agreements on behalf of provincial-level organs of organizations

1. The organ managing foreign affairs of the provincial-level organ of the organization decides on signing international agreements on behalf of the provincial-level organ of the organization.

2. The Government shall provide detailed regulations on signing and implementing international agreements on behalf of the provincial-level organ of the organization.

Section 8

SIGNING INTERNATIONAL AGREEMENTS ON BEHALF OF MULTIPLE ORGANS AND ORGANIZATIONS; INTERNATIONAL AGREEMENTS RELATED TO NATIONAL DEFENSE, SECURITY, AND INVESTMENT; INTERNATIONAL AGREEMENTS OF ORGANS AND UNITS WITHIN THE PEOPLE'S ARMED FORCES AND THE PEOPLE'S POLICE

Article 24. Signing international agreements on behalf of multiple organs and organizations

1. In cases where two or more organs and organizations sign international agreements with foreign counterparts, these organs and organizations shall agree in writing to designate an organ or organization to lead the signing process. If they cannot reach an agreement on which organ or organization will lead the signing, they shall report to the competent superior organ for decision.

2. The leading organ or organization has the responsibility to seek opinions, submit to the competent authority in cases of differing opinions, organize the signing, and report according to the provisions of Sections 2, 3, 4, 5, 6, and 7 of this Chapter.

Article 25. Signing international agreements related to national defense, security, and investment

1. In cases where international agreements related to national defense and security within the scope of management of the Ministry of National Defense are signed, in addition to complying with the provisions of Articles 9, 13, 15, 17, 19, 22, and 24 of this Law, central state organs, provincial-level state organs, and central organs of organizations shall be responsible for submitting the proposal file for signing international agreements to obtain the written opinion of the Ministry of National Defense.

2. In cases where international agreements related to security within the scope of management of the Ministry of Public Security are signed, in addition to complying with the provisions of Articles 9, 13, 15, 17, 19, 22, and 24 of this Law, central state organs, provincial-level state organs, and central organs of organizations shall be responsible for submitting the proposal file for signing international agreements to obtain the written opinion of the Ministry of Public Security.

3. In cases where international agreements related to investment are signed, in addition to complying with the provisions of Articles 9, 13, 15, 17, 19, 22, and 24 of this Law, central state organs, provincial-level state organs, and central organs of organizations shall be responsible for submitting the proposal file for signing international agreements to obtain the written opinion of the Ministry of Planning and Investment.

4. The organs designated to provide opinions under Paragraphs 1, 2, and 3 of this Article shall be responsible for replying in writing within seven working days from the date of receipt of the complete file as stipulated in Article 27 of this Law.

Article 26. Signing international agreements of organs and units within the People's Armed Forces and the People's Police

1. The Minister of National Defense shall specify in detail the signing and implementation of international agreements of organs and units within the People's Armed Forces in accordance with the principles set forth in Article 3 of this Law.

2. The Minister of Public Security shall specify in detail the signing and implementation of international agreements of organs and units within the People's Police in accordance with the principles set forth in Article 3 of this Law.

Section 9

 FILES FOR SEEKING OPINIONS, FILES FOR SUBMISSION AND RESPONSIBILITIES FOR OPINIONS ON PROPOSALS FOR SIGNING INTERNATIONAL AGREEMENTS

Article 27. Documents for Soliciting Opinions on Proposals to Sign International Agreements

The documents for soliciting opinions on proposals to sign international agreements as stipulated in Clause 1 of Article 9, Clause 1 of Article 13, Clause 1 of Article 15, Clause 1 of Article 17, Clause 1 of Article 19, and Clause 1 of Article 22 of this Law shall include:

1. The proposal document on signing international agreements must include the following main contents:

a) Requirements and purposes of signing international agreements;

b) Main contents of international agreements;

c) Evaluation of the compatibility of international agreements with the provisions of Vietnamese law and related international treaties to which the Socialist Republic of Vietnam is a party;

d) Assessment of the impact of international agreements on politics, diplomacy, national defense, security, socio-economic aspects, and other impacts;

đ) Compliance with the principles prescribed in Article 3 of this Law;

e) Feasibility and effectiveness of international agreements;

2. Draft texts of international agreements in Vietnamese and foreign languages. In cases where international agreements are only available in foreign languages, there must be accompanying Vietnamese translations.

Article 28. Documents for Submitting Proposals to Sign International Agreements

The documents for submitting proposals to sign international agreements as stipulated in Clause 3 of Article 9, Clause 4 of Article 13, Clause 4 of Article 15, Clause 4 of Article 17, Clause 4 of Article 19, and Clause 4 of Article 22 of this Law shall include:

1. Proposal documents on signing international agreements, including the contents prescribed in Clause 1 of Article 27 of this Law and issues with differing opinions between agencies and organizations solicited for opinions (if any), and proposals regarding authorization to sign international agreements (if any);

2. Written opinions of agencies and organizations as prescribed in Clause 2 of Article 9, Clause 2 of Article 13, Clause 2 of Article 15, Clause 2 of Article 17, Clause 2 of Article 19, Clause 2 of Article 22, and Clause 4 of Article 25 of this Law;

3. Reports explaining and incorporating opinions from solicited agencies and organizations;

4. Draft texts of international agreements in Vietnamese and foreign languages. In cases where international agreements are only available in foreign languages, there must be accompanying Vietnamese translations.

Article 29. Contents of the Ministry of Foreign Affairs' Opinions on Proposals to Sign International Agreements

1. The necessity and purpose of signing international agreements based on an assessment of relations between Vietnam and the foreign contracting party.

2. Evaluation of the compatibility of international agreements with national interests, ethnic interests, and foreign policy of the Socialist Republic of Vietnam.

3. Evaluation of the compatibility of international agreements with relevant international treaties to which the Socialist Republic of Vietnam is a party.

4. Evaluation of the content of international agreements concerning the creation, modification, or termination of rights and obligations of the Socialist Republic of Vietnam under international law.

5. Name, form, capacity, level of signature, language, validity, and technical aspects of international agreement texts.

6. Compliance with procedures and formalities for proposing to sign international agreements.

7. Consistency of the Vietnamese text of the international agreement with the foreign language text of the international agreement.

Article 30. Contents of Opinions from Relevant Agencies and Organizations on Proposals to Sign International Agreements

1. Evaluation of the compatibility between the content of international cooperation in international agreements and the international cooperation policies of sectors and fields within their assigned functions and tasks; requirements for ensuring national defense and security (if any).

2. Evaluation of the compatibility between the content of international agreements and the provisions of relevant specialized laws.

3. Evaluation of the feasibility and effectiveness of international agreements.

Section 10

SIGNING INTERNATIONAL AGREEMENTS DURING HIGH-LEVEL VISITS

Article 31. Signing International Agreements During High-Level Visits

1. Central state agencies, provincial state agencies, central agencies of organizations shall coordinate with the Ministry of Foreign Affairs or the Foreign Affairs Committee of the National Assembly to complete the procedures for signing and finalizing draft international agreements decided by competent state authorities to be signed during high-level visits of Vietnam abroad or of foreign high-level delegations in Vietnam.

2. The Ministry of Foreign Affairs or the Foreign Affairs Committee of the National Assembly shall take the lead or coordinate in reviewing and comparing the final text of international agreements; the Ministry of Foreign Affairs or the National Assembly Office shall cooperate with the foreign party to organize the signing ceremony of international agreements during high-level visits of Vietnam abroad or of foreign high-level delegations in Vietnam.

Chapter III

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

Article 32. Effectiveness of International Agreements

1. An international agreement shall become effective in accordance with the provisions of that international agreement.

2. In cases where an international agreement does not specify its effectiveness, such agreement shall become effective upon mutual written agreement between the Vietnamese signatory and the foreign signatory.

Article 33. Amendment, Supplement, Extension of International Agreements

1. The agency or person authorized to decide on the conclusion of an international agreement shall have the authority to decide on amending, supplementing, or extending that international agreement.

2. The procedure and formalities for amending, supplementing, or extending an international agreement shall be conducted similarly to the procedure and formalities for concluding an international agreement as stipulated in this Law.

3. Central state agencies, provincial state agencies, central agencies of organizations shall notify the Ministry of Foreign Affairs about the amendment, supplementation, or extension of international agreements specified in Sections 1, 2, 3, 4, 5, and 7 of Chapter II of this Law within fifteen days from the date such amendment, supplementation, or extension becomes effective.

Article 34. Termination, Withdrawal, Suspension of Implementation of International Agreements

1. An international agreement may be terminated, withdrawn, or suspended from implementation according to the provisions of that international agreement or through an agreement between the Vietnamese signatory and the foreign signatory.

2. The Vietnamese signatory must terminate or withdraw from an international agreement if there is a violation of any of the principles stipulated in Article 3 of this Law during the implementation of the international agreement.

3. The agency or person authorized to decide on the conclusion of an international agreement shall have the authority to decide on terminating, withdrawing from, or suspending the implementation of that international agreement.

4. The procedure and formalities for terminating, withdrawing from, or suspending the implementation of an international agreement shall be conducted similarly to the procedure and formalities for concluding an international agreement as stipulated in this Law.

5. Central state agencies, provincial state agencies, central agencies of organizations shall notify the Ministry of Foreign Affairs about the termination, withdrawal, or suspension of implementation of international agreements specified in Sections 1, 2, 3, 4, 5, and 7 of Chapter II of this Law within fifteen days from the date such termination, withdrawal, or suspension of implementation becomes effective.

Chapter IV

CONDENSED PROCEDURE AND FORMALITIES

Article 35. Conditions for applying simplified procedures to conclude international agreements

1. Simplified procedures shall be applied to conclude international agreements on behalf of the State, National Assembly, Government in cases where the following conditions are met:

a) The conclusion of the international agreement is in accordance with the policy or project that has been approved by the President of the State, the Prime Minister, the Chairman of the National Assembly, or has been proposed by the President of the State, the Prime Minister, the Chairman of the National Assembly to the competent authority and approved and authorized to sign by such authority.

b) It is necessary to handle urgently due to political or diplomatic requirements.

2. Simplified procedures shall be applied to conclude international agreements on behalf of central state agencies, provincial state agencies, and central organizations in cases where one of the following conditions is met:

a) Permission to sign during a high-level visit of Vietnam abroad or a high-level visit of a foreign country to Vietnam is granted by the competent authority.

b) It is necessary to handle urgently due to political or diplomatic requirements, emergency relief, disaster aftermath, epidemic control.

Article 36. Simplified Procedures for Concluding International Agreements on Behalf of the State

1. Ministries, ministerial-level agencies, and government agencies submit the proposal file for concluding international agreements to seek the written opinion of the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations whose opinions are sought are responsible for responding in writing within three working days from the date they receive the complete file as stipulated in Article 40 of this Law.

3. Ministries, ministerial-level agencies, and government agencies are responsible for organizing the conclusion of international agreements according to the policy or project that has been approved by the competent authority as provided for in point a, Clause 1, Article 35 of this Law.

4. In case there are differing opinions between ministries, ministerial-level agencies, government agencies and agencies, organizations whose opinions are sought regarding the necessity of concluding the international agreement; compliance with the principles stipulated in Article 3 of this Law; conditions for applying simplified procedures as stipulated in Clause 1, Article 35 of this Law, ministries, ministerial-level agencies, and government agencies are responsible for proposing the Government to request the President of the State to decide on concluding the international agreement on behalf of the State. The submitted file includes the documents specified in Article 28 of this Law. The conclusion of the international agreement will proceed after receiving the written approval of the President of the State.

Article 37. Simplified Procedures for Concluding International Agreements on Behalf of the National Assembly

1. The Foreign Relations Committee of the National Assembly submits the proposal file for concluding international agreements to seek the written opinion of the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations whose opinions are sought are responsible for responding in writing within three working days from the date they receive the complete file as stipulated in Article 40 of this Law.

3. The National Assembly Office is responsible for organizing the conclusion of international agreements according to the policy or project that has been approved by the competent authority as provided for in point a, Clause 1, Article 35 of this Law.

4. In case there are differing opinions between the Foreign Relations Committee of the National Assembly and agencies, organizations whose opinions are sought regarding the necessity of concluding the international agreement; compliance with the principles stipulated in Article 3 of this Law; conditions for applying simplified procedures as stipulated in Clause 1, Article 35 of this Law, the Foreign Relations Committee of the National Assembly is responsible for submitting to the Vice-Chairman of the National Assembly in charge of foreign relations for comments before presenting to the Chairman of the National Assembly for decision on concluding the international agreement. The submitted file includes the documents specified in Article 28 of this Law. The conclusion of the international agreement will proceed after receiving the written approval of the Chairman of the National Assembly.

Article 38. Simplified Procedures for Signing International Agreements on Behalf of the Government

1. Ministries, ministerial-level agencies, and government agencies submit the proposal file for concluding international agreements to seek the written opinion of the Ministry of Foreign Affairs and relevant agencies and organizations directly related to the international agreement.

2. Agencies and organizations whose opinions are sought are responsible for responding in writing within three working days from the date they receive the complete file as stipulated in Article 40 of this Law.

3. Ministries, ministerial-level agencies, and government agencies are responsible for organizing the conclusion of international agreements according to the policy or project that has been approved by the competent authority as provided for in point a, Clause 1, Article 35 of this Law.

4. In cases where there are differing opinions between Ministries, ministerial-level agencies, and government agencies and organizations directly related to the necessity of signing international agreements; compliance with the principles stipulated in Article 3 of this Law; conditions for applying the simplified procedures specified in Clause 1 of Article 35 of this Law, Ministries, ministerial-level agencies, and government agencies shall be responsible for submitting to the Prime Minister for a decision on signing international agreements on behalf of the Government. The dossier submitted includes the documents prescribed in Article 28 of this Law. The signing of international agreements shall be carried out after receiving a written approval from the Prime Minister.

Article 39. Simplified Procedures for Signing International Agreements on Behalf of Central State Agencies, Provincial State Agencies, and Central Organizations

1. Central state agencies, provincial state agencies, and central organizations of organizations submit a dossier proposing to sign international agreements to seek written opinions from the Ministry of Foreign Affairs and other relevant organizations directly related to the international agreements.

2. Agencies and organizations whose opinions are sought are responsible for responding in writing within three working days from the date they receive the complete file as stipulated in Article 40 of this Law.

Article 40. Dossier for Seeking Opinions on Proposals to Sign International Agreements According to Simplified Procedures

1. The request for opinion includes the following main contents:

a) Requirements and purposes of signing international agreements;

b) Main contents of international agreements;

c) Assessment of the impact of the international agreement on politics, foreign relations, national defense, security, economic and social aspects, and other impacts;

d) Compliance with the principles stipulated in Article 3 of this Law; reasons for requesting the application of simplified procedures.

2. Documents proving the application of simplified procedures as prescribed in Article 35 of this Law.

3. Draft text of the international agreement in Vietnamese and the foreign language. In case the international agreement only has a text in a foreign language, it must include a Vietnamese translation.

Article 41. Amending, Supplementing, and Extending International Agreements According to Simplified Procedures

1. For technical amendments, supplements, and extensions within the scope of assigned functions, tasks, and authorities without entering into new international agreements, central state agencies, provincial state agencies, and central organizations of organizations are not necessarily required to seek opinions from relevant agencies and organizations. If opinions are sought, the agencies and organizations providing opinions shall be responsible for responding in writing within three working days from the date of receipt of the dossier seeking opinions.

2. In cases where the international agreement designates the agency responsible for amending and supplementing the content of the agreement, that agency decides on the amendment and supplementation without having to seek opinions from relevant agencies and organizations, except when the competent authority deciding on the signing of the international agreement has made a different decision.

Chapter V

IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 42. Responsibilities of Central State Agencies, Provincial State Agencies, Central Organizations, and Provincial Organizations of Organizations in Implementing International Agreements

Within their respective duties and powers, central state agencies, provincial state agencies, central organizations of organizations, and provincial organizations of organizations have the following responsibilities:

1. To organize the implementation of international agreements signed or proposed for signing by them in cases of signing international agreements on behalf of the State, National Assembly, and Government, while requiring the foreign signatory party to implement the international agreement in a spirit of friendship and cooperation;

2. To develop long-term plans and annual plans for implementing international agreements signed or proposed for signing by them in cases of signing international agreements on behalf of the State, National Assembly, and Government, and send these plans to the Ministry of Foreign Affairs for monitoring and reporting to the Prime Minister; annual plans must be sent no later than November 15 of the previous year;

3. To organize the reproduction, publication, dissemination, and popularization of international agreements signed or proposed for signing by them in cases of signing international agreements on behalf of the State, National Assembly, and Government, except in cases where the international agreement is not permitted to be published according to the agreement between the Vietnamese signatory party and the foreign signatory party or according to the decision of the competent state authority; in cases where the international agreement only has a text in a foreign language, a Vietnamese translation of the international agreement must be attached;

4. To urge the implementation of international agreements on behalf of departments under ministries, ministerial-level agencies, specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas within their management scope;

5. To approve plans for implementing international agreements of departments under ministries, ministerial-level agencies, specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas within their management scope;

6. To take necessary measures to protect the rights and interests of the Vietnamese signatory party in cases where the international agreement is violated.

Article 43. Responsibilities of agencies and units providing advisory services on foreign affairs and international cooperation for central state agencies and provincial state agencies in implementing international agreements

1. Advising on the development of long-term plans and annual plans for the implementation of international agreements signed by central state agencies, provincial state agencies, or proposed to be signed when signing international agreements on behalf of the State, National Assembly, or Government.

2. Urging the implementation of international agreements signed by central state agencies, provincial state agencies, or proposed to be signed when signing international agreements on behalf of the State, National Assembly, or Government.

Chapter VI

RESPONSIBILITIES OF CENTRAL STATE AGENCIES, PROVINCIAL STATE AGENCIES AND THE HEADQUARTERS OF ORGANIZATIONS' PROVINCIAL AGENCIES; MANAGEMENT ACTIVITIES OF FOREIGN AFFAIRS OF ORGANIZATIONS; EXPENSES FOR SIGNING AND IMPLEMENTING INTERNATIONAL AGREEMENTS

Article 44. Responsibilities of the Ministry of Foreign Affairs

1. Reporting to the Government annually or upon request about the situation of signing and implementing international agreements; submitting to the Government reports to the National Assembly about the situation of signing and implementing international agreements annually or upon request of the National Assembly.

2. Statistics on international agreements that have been signed.

Article 45. Responsibilities of the National Assembly's Foreign Affairs Committee

1. Assisting the Standing Committee of the National Assembly in directing, coordinating, and coordinating activities related to signing and implementing international agreements of the National Assembly's agencies, the Secretary-General of the National Assembly, the National Assembly Office, agencies under the Standing Committee of the National Assembly, and the State Audit Agency.

2. Taking the lead and coordinating with the National Assembly's agencies, the Secretary-General of the National Assembly, the National Assembly Office, agencies under the Standing Committee of the National Assembly, and the State Audit Agency to compile reports to the National Assembly and the Standing Committee of the National Assembly about the situation of signing and implementing international agreements annually or upon request.

Article 46. Responsibilities of central state agencies, provincial state agencies, and headquarters of organizations' provincial agencies

In addition to the responsibilities of implementing international agreements stipulated in Article 42 of this Law, central state agencies, provincial state agencies, and headquarters of organizations' provincial agencies within their respective duties and authorities shall have the following responsibilities:

1. Developing long-term plans and annual plans for signing international agreements to send to the Ministry of Foreign Affairs for monitoring and compiling reports to the Prime Minister; annual plans must be sent no later than November 15 of the previous year;

2. Storing original copies of international agreements signed by such agency or proposed to be signed when signing international agreements on behalf of the State, National Assembly, or Government, in accordance with laws on archiving;

3. Reporting on the situation of signing and implementing international agreements no later than November 15 each year or upon request, to send to the Ministry of Foreign Affairs for monitoring and compiling reports to the Government and the Prime Minister;

4. Promoting and educating the law on international agreements;

5. Supervising, inspecting, auditing, rewarding, and handling violations of the law on international agreements;

6. Resolving complaints and denunciations related to the conclusion and implementation of international agreements.

Article 47. Responsibilities of Ministers, Heads of Ministries-Equivalent Agencies, Heads of Government Agencies, and Chairpersons of Provincial People's Committees

1. Ministers, Heads of Ministries-Equivalent Agencies, and Heads of Government Agencies shall be responsible to the Government for signing and implementing international agreements on behalf of their agencies and subordinate departments and bureaus within their ministries and equivalent agencies.

2. Chairpersons of provincial people's committees shall be responsible to the Government for signing and implementing international agreements on behalf of their agencies and specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas under their jurisdiction.

Article 48. Responsibilities of Agencies and Units Advising on Foreign Affairs and International Cooperation of Central State Agencies and Provincial State Agencies

Agencies and units advising on foreign affairs and international cooperation of central state agencies and provincial state agencies, in addition to their responsibility to implement international agreements as stipulated in Article 43 of this Law, within the scope of their duties and authority, shall have the following responsibilities:

1. Drafting draft documents within the authority to issue of central state agencies and provincial state agencies regarding the signing and implementation of international agreements;

2. Advising central state agencies and provincial state agencies on the signing and implementation of international agreements on behalf of central state agencies, provincial state agencies, and subordinate departments and bureaus within their ministries and specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas under their jurisdiction;

3. Monitoring, compiling, and reporting to central state agencies and provincial state agencies on the signing and implementation of international agreements on behalf of subordinate departments and bureaus within their ministries, specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas under their jurisdiction;

4. Reporting and seeking guidance from competent authorities on issues arising during the signing and implementation of international agreements on behalf of central state agencies, provincial state agencies, subordinate departments and bureaus within their ministries, equivalent agencies, and specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas under their jurisdiction.

Article 49. Responsibilities of Agencies Managing Foreign Activities of Organizations

Agencies managing foreign activities of organizations, within the scope of their duties and authority, shall have the following responsibilities:

1. Taking the lead and coordinating with relevant agencies to guide the signing and implementation of international agreements by organizations;

2. Coordinating with the Ministry of Foreign Affairs to manage the signing and implementation of international agreements by central agencies of organizations;

3. Implementing regular annual reporting or reporting as required by superior competent authorities and informing the Government and the Ministry of Foreign Affairs about the activities of central agencies of organizations in signing and implementing international agreements.

Article 50. Funding for Signing and Implementing International Agreements

1. Funding for signing and implementing international agreements on behalf of the State, National Assembly, Government, central state agencies, provincial state agencies, subordinate departments and bureaus within ministries, equivalent agencies, and specialized agencies under provincial people's committees, district people's committees, and commune people's committees in border areas shall be guaranteed from the state budget allocated for the regular operations of these agencies and other sources of funding as prescribed by law.

2. Funding for signing and implementing international agreements on behalf of central agencies of organizations and provincial agencies of organizations shall be guaranteed from the financial resources of the organization and other sources of funding as prescribed by law.

3. The Government shall provide detailed regulations on this Article.

Chapter VII

IMPLEMENTING PROVISIONS

Article 51. Effective Date

Article 51. Effective Date of This Law

1. This Law shall take effect from July 1, 2021.

Article 52. Transitional Provisions

1. International agreements that have not been signed before this Law takes effect but have been conducted according to the signing procedures and formalities stipulated in Ordinance No. 33/2007/PL-UBTVQH11 on Signing and Implementing International Agreements and Decision No. 36/2018/QĐ-TTg dated August 24, 2018 of the Prime Minister prescribing the procedures for signing and implementing agreements on behalf of the Government and recommending the President of the State to decide on signing agreements on behalf of the State which are not international treaties shall be organized for signing in accordance with the provisions of these legal normative documents without having to conduct again according to the procedures and formalities prescribed in this Law.

2. For international agreements that have been signed according to the provisions of Ordinance No. 33/2007/PL-UBTVQH11 on Signing and Implementing International Agreements and Decision No. 36/2018/QĐ-TTg dated August 24, 2018 of the Prime Minister prescribing the procedures for signing and implementing agreements on behalf of the Government and recommending the President of the State to decide on signing agreements on behalf of the State which are not international treaties, the contracting party Vietnam shall organize implementation and carry out amendment, supplementation, extension, termination of effect, withdrawal, and temporary suspension of implementation of international agreements according to the procedures and formalities prescribed in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 10th session of the 14th term, on November 13, 2020.