Recently, the Ministry of Public Security of Vietnam issued Circular 63/2012/TT-BCA stipulating the proposal for conclusion, accession to, and implementation of international treaties; the proposal for conclusion and implementation of international agreements within the People's Public Security Force.
Vietnam: The Legal Department appraises the proposals of the conclusion of international treaties in the People's Public Security Force within 15 days (Illustrative photo)
According to Article 17 of Circular 63/2012/TT-BCA, the responsibilities of the unit proposing the conclusion and accession to the international treaty or conclusion of the international agreement in Vietnam are as follows:
- Submit a complete proposal for inspection and appraisal; provide information, documents, and data related to the draft international treaty or international agreement upon the request of the appraisal and inspection unit
.- Present the draft international treaty or international agreement when required.
- Study, absorb, and revise the draft based on the appraisal and inspection opinions.
- Provide written explanations regarding the appraisal and inspection opinions.
Additionally, the responsibilities of the Legal Department in inspecting and appraising proposals of conclusion, accession to, and implementation of international treaties; conclusion and implementation of international agreements within the People's Public Security Force in Vietnam are as follows:
- The Legal Department is responsible for inspecting the proposal of conclusion and accession to the international treaty of Police units and localities; and appraising international agreements on behalf of the Ministry of Public Security. If the content or form of the draft international treaty is not guaranteed, or the proposal is incomplete, the proposing unit is required to revise and complete the document or supplement the proposal.
- The inspection and appraisal opinions must be expressed in writing and signed by the leadership of the Legal Department.
- The time for inspection and appraisal must not exceed 15 (fifteen) days for the draft international treaty or international agreement from the date of receiving the complete proposal as regulated.
Furthermore, the Department of International Cooperation is responsible for inspecting proposals of conclusion, accession to, and implementation of international treaties; conclusion and implementation of international agreements within the People's Public Security Force in Vietnam:
- Based on foreign cooperation requirements, collaborate with foreign partners, report, and propose to the Minister regarding the signing of international agreements with foreign contracting parties.
- Inspect the proposals submitted regarding the signing of international agreements by the Ministry of Public Security in accordance with the Ordinance on the Conclusion and Implementation of International Agreements 2007 and the regulations of this Circular.
- Prepare the necessary procedures for serving negotiations, official signing ceremonies, document exchange ceremonies, approval ratification of international treaties, and signing ceremonies of international agreements.
More detailed content may be found in Circular 63/2012/TT-BCA effective from January 1, 2013.
Le Vy
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