Vietnam: People's Public Security units annually make proposals regarding the plan for conclusion and accession to the international treaty

Vietnam: People's Public Security units annually make proposals regarding the plan for conclusion and accession to the international treaty (Illustration)

In Article 5 Circular 63/2012/TT-BCA, annually and once every 5 years, within the scope of the assigned functions, duties, and powers, according to the provisions of law and the international cooperation requirements of their units, the People's Public Security units propose plans for conclusion and accession to the international treaties to the Legal Department for consolidation and preparation of the overall plan of the Ministry of Public Security of Vietnam before reporting to the Minister for approval and issuance. This includes proposals for the conclusion of international treaties within the People's Public Security Force, accession to international treaties, and reservation or declaration of non-application. To be specific:

Firstly, the conclusion of international treaties within the People's Public Security Force in Vietnam.

- Before proposing to the Minister regarding the conclusion of international treaties, the proposing unit must draft the international treaty or study, compare, and contrast the content of multilateral international treaties or bilateral international treaty drafts prepared by the foreign signing party with relevant Vietnamese laws; develop negotiation plans, acceptances, amendments, supplements, and solicit written opinions from relevant local and unit-level officers as well as opinions from the Legal Department as per regulations, and draft documents to the Minister or authorized person to submit to the Government of Vietnam or relevant authorities for the conclusion of international treaties.

After being agreed upon and entrusted by the relevant authority or person, the leader of the negotiation team is responsible for reporting to the Ministry leadership on the team's composition, location, time, content, and negotiation results.

Secondly, the accession to international treaties:

The proposing unit reports to the Ministry leadership to submit to the relevant authority or person on the matter of joining multilateral international treaties as stipulated in Chapter III, Law on the conclusion, accession to, and implementation of international treaties 2005, and the provisions of those multilateral international treaties.

Thirdly, the reservation or declaration of non-application: In the process of proposing the conclusion and accession to the international treaties, the proposing unit, based on the provisions of the international treaties and the results of its study, shall make reservations to exclude or modify the legal effect of one or more provisions of an international treaty upon application, or declare non-application of one or more provisions of that international treaty to the Socialist Republic of Vietnam, and report to the Ministry leadership for submission to the relevant authority for consideration and decision.

More details may be found in Circular 63/2012/TT-BCA effective from January 1, 2013.

Le Vy

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