Vietnam: Procedures for authorization of the negotiation and signing of treaties on ODA with the same donors

Vietnam: Procedures for authorization of the negotiation and signing of treaties on ODA with the same donors (Illustrative image)

Specifically, Circular 01/2008/TT-BNG stipulates the procedures for authorization of the negotiation and signing of treaties on ODA with the same donors in Vietnam as follows:

- If the proposing agency submits to the Government of Vietnam the authorization of one or several representatives of the proposing agency to negotiate and sign a treaty on ODA with the same donor, the order and procedures therefor comply with the Law on the conclusion, accession to, and implementation of treaties;

- The text of the treaty on ODA in the dossier to be submitted to the Government of Vietnam is the duplicate of such an agreement already signed earlier with the donor and options for every specific issue (if any), which serve as a basis for negotiation with that donor;

- The person(s) authorized by the Government of Vietnam to negotiate and sign treaties on ODA with the same donor(s) is one or some ministerial-level leader(s) or other representative(s) of the proposing agency. Based on the Government of Vietnam's decision on the authorization of the negotiation of treaties on ODA with the same donors, representatives of the proposing agency shall assume the prime responsibility for organizing negotiations with the donors on each treaty on ODA.

Note: A treaty on ODA may be signed after it satisfies the following conditions:

- The Ministry of Foreign Affairs shall complete external procedures for the grant of authorization letters for the negotiation and signing of one or more than one treaty on ODA with the same donor;

- An authorization letter is valid for five (5) working days at most from the date of receipt of the Government of Vietnam's authorization decision or the date of receipt of the proposing agency's written notice on the supply of information on the names and positions of the authorized persons, the Vietnamese and foreign titles of the treaty on ODA (in case such information is not staled in the Government of Vietnam's authorization as stipulated).

Details can be found in Circular 01/2008/TT-BNG effective from February 25, 2008.

Ty Na

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