Vietnam: Procedures for proposal of the conclusion of international agreements in the name of the Ministry of Public Security

Vietnam: Procedures for proposal of the conclusion of international agreements in the name of the Ministry of Public Security (Illustrative image)

According to Article 10 of Circular 63/2012/TT-BCA, the procedures for proposal of the conclusion of international agreements in the name of the Ministry of Public Security of Vietnam are specified as follows:

- Before proposing negotiations and reporting on conclusion of the international agreement in the name of the Ministry of Public Security of Vietnam, the proposing unit is responsible for obtaining written opinions from the relevant Public Security of units, localities, and the Ministry of Foreign Affairs in accordance with Clause 1, Article 14 of the Ordinance on conclusion of and Implementing International Agreements 2007. Upon receiving the written responses from the consulted units, the proposing unit will compile, prepare an explanatory adoption report, and send it to the International Cooperation Department for review and the Legal Department for appraisal within 15 (fifteen) days from the date of receiving the full application stipulated in Article 12 of Circular 63/2012/TT-BCA. If the draft international agreement has been prepared by the foreign contracting party, the proposing unit will take the lead in researching and formulating a plan to accept, amend, supplement, or draft a new agreement for the Ministry of Public Security of Vietnam if necessary.

- After obtaining the consent and authorization to negotiate from the Minister of Public Security, the Chief Negotiator is responsible for reporting to the Ministry's leadership about the negotiation delegation's composition, location, time, content, and negotiation results. If the negotiations are conducted through diplomatic channels, the proposing unit will take the lead in cooperating with the International Cooperation Department to implement and report to the Ministry's leadership on the negotiation content and results.

- Based on the results of the international agreement negotiations, the proposing unit is responsible for drafting a report on conclusion of the international agreement. The content of the report proposing the conclusion of of the international agreement includes information about the name and position of the person authorized to sign the agreement in the name of the Ministry of Public Security of Vietnam for the Minister's consideration and decision.

Detailed content may found in Circular 63/2012/TT-BCA effective from January 1, 2013.

Le Vy

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