Vietnam: Procedures for drafting international treaties on ODA under Circular 01

Recently, the Ministry of Foreign Affairs of Vietnam promulgated Circular 01/2008/TT-BNG guiding the order and procedures for conclusion and implementation of international agreements on official development assistance in Vietnam.

Procedure  for  drafting  international  treaties  on  ODA,  Circular  01/2008/TT-BNG

Vietnam: Procedures for drafting international treaties on ODA under Circular 01 (Illustrative image)

Circular 01/2008/TT-BNG sets forth the procedures for drafting international treaties on official development assistance (ODA) in Vietnam as follows:

- Before submitting to the Government of Vietnam the negotiation and signing of an international treaty on ODA prescribed in Article 9 or 22 of the Regulation, the proposing agency shall draft that international treaty: if the managing agency is other than the proposing agency, it shall draft and send the agreement to the proposing agency.

- In case the proposing agency submits to the Government of Vietnam for approval a draft international treaty on ODA with the same donor in order to have a basis for negotiation of international treaties on ODA with similar contents:

+ The draft international treaty on ODA submitted to the Government of Vietnam includes principal contents of Vietnam and the donor's commitments and options for every specific issue if any), and has been drafted after the draft model (if any) of an international treaty on ODA provided by the donor, and the earlier concluded international treaties on ODA;

+ The order, procedures for submitting and dossiers to be submitted to the Government of Vietnam for approval of a draft international treaty on ODA with the same donor in order to have a basis for negotiation of international treaties on ODA with similar contents comply with the provisions.

+ The proposing agency may simultaneously submit to the Government of Vietnam the negotiation and signing of the international treaty on ODA and propose the latter to approve the draft of that agreement, which serves as a basis for the negotiation of international treaties on ODA with similar contents.

- The draft international treaty on ODA approved by the Government of Vietnam serves as a basis for the formulation of every international treaty on ODA with similar contents to be negotiated with donors.

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

Ty Na

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