Principles of conclusion and implementation of a treaty
13:38 21/12/2016
The National Assembly has just promulgates the Law on Treaties. This Law prescribes the conclusion, reservation, amendment and supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, deposit, archival, making of certified copies, publication, registration, and organization of implementation of, treaties.
Accordingly, a treaty shall be concluded in the name of the State in the following cases: It is signed by the President with the Head of another State; It is on war, peace or national sovereignty of the Socialist Republic of Vietnam; It is on the founding of and accession to an international or a regional organization if the founding of, accession to or withdrawal from such organization affects national fundamental policies on foreign relations, national defense, security, socio-economic development, financial and monetary issues; It changes, restricts or terminates human rights or fundamental rights and obligations of citizens prescribed by a law or resolution of the National Assembly; It is concluded in the name of the State as agreed upon with the foreign contracting party.
A dossier submitted for the negotiation of a treaty must comprise:
a/ The submitting agency’s report, which clearly states the necessity, requirements and purpose of the negotiation of a treaty; major contents of the treaty, preliminary assessment of political, national defense, security, socio-economic and other impacts of the treaty, result of the preliminary review of current laws and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, comparing with the main contents of the treaty to be negotiated; proposal for and authorization of the negotiation;
b/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations; report on responses to and acceptance of opinions of agencies and organizations and proposed handling measures.
Ratification competence, contents of a document of ratification of a treaty
1. The National Assembly shall ratify the following treaties:
a/ A treaty on war, peace or national sovereignty of the Socialist Republic of Vietnam;
b/ A treaty on the establishment of or participation in an international or a regional organization if the establishment of, participation in or withdrawal from such organization affects national fundamental policies on foreign relations, defense, security, socio-economic development, financial and monetary issues;
c/ A treaty on change, restriction or termination of human rights or fundamental rights and obligations of citizens as prescribed by a law or resolution of the National Assembly;
d/ A treaty containing provisions which are contrary to a law or resolution of the National Assembly;
dd/ A treaty directly signed by the President with the Head of another State.
2. The President shall ratify the treaties prescribed in Article 28 of this Law, except those prescribed in Clause 1 of this Article.
3. A document of ratification of a treaty must contain the following contents:
a/ The title, time and place of signing of the treaty which is ratified;
b/ Contents of reservations to, acceptance of or objection to reservations made by the foreign contracting party; the statement with respect to a multilateral treaty and other necessary issues;
c/ The decision on direct application of the whole or part of the treaty; the decision or proposal to amend and supplement, annul or promulgate laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee for the implementation of the ratified treaty;
d/ The responsibilities of the proposing agency, the Ministry of Foreign Affairs and other relevant agencies and organizations in completing the procedures for ratifying, and organizing the implementation of, the treaty;
dd/ The full text of the treaty in Vietnamese in an annex. In case a treaty is signed in a foreign language, the annex must be the full text of the treaty in one of the signed languages and its Vietnamese translation.
Plan for implementation of a treaty is also stipulated as:
1. The Prime Minister shall organize the implementation of a treaty to which the Socialist Republic of Vietnam is a contracting party, approve a plan for implementation, decide on directive and administrative measures or other measures to implement the treaty.
2. After consulting relevant agencies and organizations, the proposing agency shall, on the basis of the nature and contents of the treaty and its assigned tasks and powers, prepare a plan for the implementation of the treaty and submit it to the Prime Minister within 15 days after receiving the Ministry of Foreign Affairs’ notice of the entry into force of the treaty.
3. In case the proposing agency does not has the prime responsibility for the implementation of the treaty, it shall propose the Prime Minister for decision the agency to assume the prime responsibility for the implementation of the treaty within 15 days from the date a competent agency decides to consent to be bound by the treaty.
The agency assuming the prime responsibility for the implementation of the treaty shall perform the tasks of the proposing agency prescribed in Clauses 2 and 5 of this Article, and in Articles 79 and 80 of this Law.
Application of the summary order and procedures as follow:
1. The summary order and procedures for negotiation, signing, amendment and supplementation or extension of a treaty must comply with this Chapter.
2. The summary order and procedures shall not be applied to the negotiation, signing, amendment and supplementation or extension of a treaty under the National Assembly’s ratification, accession decision-making and termination competence.
3. The order and procedures for negotiation, signing, approval, amendment and supplementation or extension of a treaty in the name of the Government on foreign loans must comply with the law on public debt management.
Responsibilities of the Ministry of Justice to implement treaties: To urge the formulation and submission for promulgation, amendment and supplementation or annulment of legal documents to implement treaties; To appraise the conformity of legal documents with treaties to which the Socialist Republic of Vietnam is a contracting party.
This Law takes effect on July 1, 2016. Law No. 41/2005/QH11 on the conclusion, accession to and implementation of treaties ceases to be effective on the effective date of this Law.
Accordingly, a treaty shall be concluded in the name of the State in the following cases: It is signed by the President with the Head of another State; It is on war, peace or national sovereignty of the Socialist Republic of Vietnam; It is on the founding of and accession to an international or a regional organization if the founding of, accession to or withdrawal from such organization affects national fundamental policies on foreign relations, national defense, security, socio-economic development, financial and monetary issues; It changes, restricts or terminates human rights or fundamental rights and obligations of citizens prescribed by a law or resolution of the National Assembly; It is concluded in the name of the State as agreed upon with the foreign contracting party.
A dossier submitted for the negotiation of a treaty must comprise:
a/ The submitting agency’s report, which clearly states the necessity, requirements and purpose of the negotiation of a treaty; major contents of the treaty, preliminary assessment of political, national defense, security, socio-economic and other impacts of the treaty, result of the preliminary review of current laws and other treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, comparing with the main contents of the treaty to be negotiated; proposal for and authorization of the negotiation;
b/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies and organizations; report on responses to and acceptance of opinions of agencies and organizations and proposed handling measures.
Ratification competence, contents of a document of ratification of a treaty
1. The National Assembly shall ratify the following treaties:
a/ A treaty on war, peace or national sovereignty of the Socialist Republic of Vietnam;
b/ A treaty on the establishment of or participation in an international or a regional organization if the establishment of, participation in or withdrawal from such organization affects national fundamental policies on foreign relations, defense, security, socio-economic development, financial and monetary issues;
c/ A treaty on change, restriction or termination of human rights or fundamental rights and obligations of citizens as prescribed by a law or resolution of the National Assembly;
d/ A treaty containing provisions which are contrary to a law or resolution of the National Assembly;
dd/ A treaty directly signed by the President with the Head of another State.
2. The President shall ratify the treaties prescribed in Article 28 of this Law, except those prescribed in Clause 1 of this Article.
3. A document of ratification of a treaty must contain the following contents:
a/ The title, time and place of signing of the treaty which is ratified;
b/ Contents of reservations to, acceptance of or objection to reservations made by the foreign contracting party; the statement with respect to a multilateral treaty and other necessary issues;
c/ The decision on direct application of the whole or part of the treaty; the decision or proposal to amend and supplement, annul or promulgate laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee for the implementation of the ratified treaty;
d/ The responsibilities of the proposing agency, the Ministry of Foreign Affairs and other relevant agencies and organizations in completing the procedures for ratifying, and organizing the implementation of, the treaty;
dd/ The full text of the treaty in Vietnamese in an annex. In case a treaty is signed in a foreign language, the annex must be the full text of the treaty in one of the signed languages and its Vietnamese translation.
Plan for implementation of a treaty is also stipulated as:
1. The Prime Minister shall organize the implementation of a treaty to which the Socialist Republic of Vietnam is a contracting party, approve a plan for implementation, decide on directive and administrative measures or other measures to implement the treaty.
2. After consulting relevant agencies and organizations, the proposing agency shall, on the basis of the nature and contents of the treaty and its assigned tasks and powers, prepare a plan for the implementation of the treaty and submit it to the Prime Minister within 15 days after receiving the Ministry of Foreign Affairs’ notice of the entry into force of the treaty.
3. In case the proposing agency does not has the prime responsibility for the implementation of the treaty, it shall propose the Prime Minister for decision the agency to assume the prime responsibility for the implementation of the treaty within 15 days from the date a competent agency decides to consent to be bound by the treaty.
The agency assuming the prime responsibility for the implementation of the treaty shall perform the tasks of the proposing agency prescribed in Clauses 2 and 5 of this Article, and in Articles 79 and 80 of this Law.
Application of the summary order and procedures as follow:
1. The summary order and procedures for negotiation, signing, amendment and supplementation or extension of a treaty must comply with this Chapter.
2. The summary order and procedures shall not be applied to the negotiation, signing, amendment and supplementation or extension of a treaty under the National Assembly’s ratification, accession decision-making and termination competence.
3. The order and procedures for negotiation, signing, approval, amendment and supplementation or extension of a treaty in the name of the Government on foreign loans must comply with the law on public debt management.
Responsibilities of the Ministry of Justice to implement treaties: To urge the formulation and submission for promulgation, amendment and supplementation or annulment of legal documents to implement treaties; To appraise the conformity of legal documents with treaties to which the Socialist Republic of Vietnam is a contracting party.
This Law takes effect on July 1, 2016. Law No. 41/2005/QH11 on the conclusion, accession to and implementation of treaties ceases to be effective on the effective date of this Law.