Vietnam: It is permissble to propose termination, abandonment, withdrawal from international treaties

Vietnam: It is permissible to propose termination, abandonment, or withdrawal from international treaties (Illustrative Image)

In Article 23 of Circular 63/2012/TT-BCA, during the implementation of the international treaty in Vietnam, if amendment or extension of it is necessary, the unit proposing the conclusion of the international treaty must cooperate with the Legal Department to report to the Ministry leaders for submission to competent authorities or decision-makers regarding the amendment of a part or the entire international treaty or its extension. The unit proposing the conclusion and accession to such international treaty shall report to the Ministry leaders to submit to competent authorities the proposal of termination, abandonment, withdrawal from, or temporary suspension of the implementation of the whole or part of the international treaty when it is found that the international treaty violates one of the principles stipulated in Article 3 of the Law on the Conclusion, Accession to, and Implementation of International Agreements 2005 or when the foreign signing party proposes or seriously violates the agreed content. The proposal for termination, abandonment, withdrawal from, or temporary suspension of the whole or part of the international treaty shall be implemented according to the provisions of Articles 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, and 96 of the Law on the Conclusion, Accession to, and Implementation of International Agreements 2005.

Additionally, during the implementation of an international agreement in Vietnam, if it is found necessary or the signing partner proposes amendment, extension, termination of validity, or temporary suspension of the international agreement, the unit proposing the conclusion of the international agreement must coordinate with the Legal Department to report to the Ministry leaders for deciding the amendment, supplementation, extension, termination of validity, or temporary suspension of the international agreement. The unit proposing the conclusion of the international agreement shall report to the Ministry leaders about the termination of validity or temporary suspension of the international agreement when it is discovered that the international agreement violates one of the principles stipulated in Article 4 of the Ordinance on the Conclusion and Implementation of International Agreements 2007 or when the foreign signing party proposes or seriously violates the agreed content. The sequence and procedures for proposing amendment, extension, termination of validity, or temporary suspension of international agreements shall be implemented according to the provisions of Articles 26 and 27 of the Ordinance on the Conclusion and Implementation of International Agreements 2007.

Detailed content can be viewed at Circular 63/2012/TT-BCA effective from January 1, 2013.

Le Vy

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