In Vietnam, what does the termination of international agreement mean? When is an international agreement in Vietnam terminated?
In Vietnam, what does the termination of international agreement mean?
Under Clause 1, Article 2 of the International Agreement Law 2020, “international agreement” means a written agreement on international cooperation between a Vietnamese contracting party, within its functions, tasks and powers, and a foreign contracting party, which does not give rise to, alter or terminate a right or obligation of the Socialist Republic of Vietnam under international law.
Under Clause 7, Article 2 of the International Agreement Law 2020, the regulation is as follows:
“termination of international agreement” means a legal act performed by the Vietnamese contracting party to denounce the validity of the international agreement.
Thus, “termination of international agreement” means a legal act performed by the Vietnamese contracting party to denounce the validity of the international agreement.
In Vietnam, what does the termination of international agreement mean? When is an international agreement in Vietnam terminated?
When is an international agreement in Vietnam terminated?
Under Article 34 of the International Agreement Law 2020, the regulations are as follows:
Termination, withdrawal from or suspension of an international agreement
1. An international agreement may be terminated, withdrawn or suspended under the provisions of such international agreement or under an agreement between a Vietnamese contracting party and a foreign contracting party.
2. The Vietnamese contracting party must terminate or withdraw from an international agreement if the implementation of such international agreement violates one of the principles specified in Article 3 of this Law.
3. The agency and person competent to decide the conclusion of an international agreement shall have the power to decide the termination, withdrawal and suspension of such international agreement.
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Thus, an international agreement may be terminated under the provisions of such international agreement or under an agreement between a Vietnamese contracting party and a foreign contracting party.
The Vietnamese contracting party must terminate an international agreement if the implementation of such international agreement violates one of the principles specified in Article 3 of the International Agreement Law 2020.
What are the rules for conclusion and implementation of international agreements in Vietnam?
Under the provisions in Article 3 of the International Agreement Law 2020 on this content, the regulations are as follows:
Rules for conclusion and implementation of international agreements
1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam, national interests, foreign policy of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory; compliance with the principle of respect for national sovereignty, non-interference in the internal affairs of countries and other basic principles of international law.
2. The conclusion of an international agreement may not give rise to, alter or terminate the rights and obligations of the Socialist Republic of Vietnam in accordance with international law; may not conclude an international agreement on matters that must be achieved through the conclusion of a treaty in accordance with law.
3. Assurance of the external relations and effectiveness of the concluded international agreement, within the state budget allocated or autonomous budget according to the provisions of law.
4. In conformity with the functions, tasks and powers of the agencies or organizations concluding international agreements and with the procedures for concluding international agreements specified in this Law.
5. The conclusion of international agreements by agencies and organizations specified at Points b, c, d, dd, e, g, h, i and k, Clause 2, Article 2 of this Law shall not be binding on the State, the National Assembly, the Government or Vietnamese agencies or organizations that have not concluded these international agreements.
6. Communal People's Committees in border areas only conclude international agreements with foreign contracting parties being equivalent local governments on information exchange, pairing, cooperation in border management in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a signatory.
7. The Vietnamese contracting party is responsible for implementing the signed international agreement, and at the same time, has the right to request the foreign contracting party also implement such international agreement in a spirit of friendship and cooperation.
The conclusion and implementation of international agreements in Vietnam must comply with the above rules.
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