Vietnam: Requirements for application of reduced procedures for conclusion of international agreements

According to Article 35 of the Law on International Agreements 2020 of Vietnam, requirements for application of reduced procedures for conclusion of international agreements include:

- Reduced procedures for conclusion of international agreements in the name of the State, the National Assembly or the Government will apply if the following requirements are met:

+ The conclusion of international agreements is consistent with policies and projects that obtain approval from the State President, Prime Minister, President of the National Assembly or from competent authorities with the consent of the State President, Prime Minister or President of the National Assembly;

+ In urgent cases due to political and foreign affair requirements.

- The reduced procedures apply to the conclusion of international agreements in the name of central regulatory bodies, provincial regulatory bodies and central agencies of organizations will apply if the following requirements are met:

+ Obtaining the permission of a competent authority to sign in the visit of a Vietnamese high-level delegation in a foreign country or a foreign high-level delegation in Vietnam;

+ In urgent cases due to political, foreign affairs, emergency relief, and disaster or epidemic recovery.

Reduced procedures for concluding international agreements in the name of the State are specified as follows:

- The Ministry, ministerial-level agency and Governmental agency shall send a proposal for conclusion of an international agreement to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

- The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

- The Ministry, ministerial-level agency and Governmental agency shall conclude the international agreement as to the policy or project already approved by the competent authority as prescribed in point a clause 1 Article 35 of this Law.

- In cases where there are differing opinions between the Ministry, ministerial-level agency and Governmental agency and consulting entities about the necessity to conclude the international agreement; compliance with the principles specified in Article 3 of this Law; or requirements for application of reduced procedures specified in Clause 1, Article 35 of this Law, the Ministry, ministerial-level agency and Governmental agency shall propose the Government to seek the decision from the State President. Documents required are specified in Article 28 of this Law. The conclusion of the international agreement shall proceed following a written consent from the State President.

View more details at the Law on International Agreements 2020 of Vietnam, effective from July 01, 2021.

Le Vy

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