What is included in the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures in Vietnam?

May I ask: What is included in the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures in Vietnam? Question of Mr. Lam from Da Nang.

What is included in the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures in Vietnam?

Pursuant to Clause 3, Article 24 of Circular No. 54/2021/TT-BCA stipulating the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures, including:

- An enquiry;

- A draft report submitted to the Minister, containing the following:

+ Requirements for and purposes of concluding the international agreement;

+ Main contents of the international agreement;

+ Assessment of impacts of the international agreement on politics, national defense, security and economy - society and other impacts;

+ Compliance with the principles set out in Article 4 of Circular No. 54/2021/TT-BCA;

+ Reason for application of the reduced procedures.

- Documentary evidence for satisfying the conditions for application of the reduced procedures specified in Clause 3 Article 22 of Circular No. 54/2021/TT-BCA.

- A draft of the international agreement in Vietnamese language and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required.

What is included in the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures in Vietnam?

What is included in the dossier requesting opinions on the proposal for conclusion of international agreement in the People's Police under reduced procedures in Vietnam? (Image from the Internet)

What are the conditions for application of reduced procedures for conclusion of treaties in the People’s Police?

Pursuant to Clause 1, Article 22 of Circular No. 54/2021/TT-BCA stipulating as follows:

Application of reduced procedures to treaties and international agreements
1. Reduced procedures for conclusion of treaties will apply if the following conditions are met:
a) The reduced procedures only apply to negotiation, conclusion, amendment and extension of the treaties;
b) In the cases other than those specified in Clauses 2 and 3 Article 70 of the Law on Treaties 2016.
2. Reduced procedures for conclusion of international agreements in the name of the State, the Government or the Ministry of Public Security will apply if the conditions mentioned in Article 35 of the Law on International Agreements 2020 are met.
3. Reduced procedures for conclusion of international agreements in the name of units affiliated to the Ministry of Public Security or provincial Public Security Departments will apply if the following conditions are met:
a) Obtaining the permission of the Minister for conclusion during a visit of a high-level Vietnamese delegation to an overseas country, high-level delegation of the Ministry of Public Security to an overseas country, a foreign high-level delegation or a foreign partner delegation in Vietnam;
b) In urgent cases due to requirements concerning politics, foreign affairs, national defense, security - order, emergency relief, disaster or epidemic recovery or other urgent cases.

Thus, according to the above provisions, reduced procedures for conclusion of treaties in the People’s Police will apply if the following conditions are met:

- The reduced procedures only apply to negotiation, conclusion, amendment and extension of the treaties;

- In the cases other than those specified in Clauses 2 and 3 Article 70 of the 2016 Law on Treaties.

What is included in the proposal submitted to the Minister for conclusion of international agreement in the People's Public Security under reduced procedures in Vietnam?

Pursuant to Clause 4, Article 24 of Circular No. 54/2021/TT-BCA, a proposal submitted to the Minister for conclusion of international agreement in the People's Public Security under reduced procedures includes:

- A report submitted to the Minister containing the contents mentioned in Point b Clause 3 Article 24 of Circular No. 54/2021/TT-BCA;

- Documentary evidence for satisfying the conditions for application of the reduced procedures specified in Clause 3 Article 22 of Circular No. 54/2021/TT-BCA;

- A draft of the international agreement in Vietnamese language and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required;

- A consolidated table of responses to directions of the Deputy Minister in charge and opinions of the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, agencies and units concerned.

- Written opinions of the Deputy Minister in charge, Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, agencies and units concerned.

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