What is an international agreement? 06 things you should know about international agreements in Vietnam

What is an international agreement? 06 things you should know about international agreements in Vietnam (Internet image)

1. What is international agreement?

According to Clause 1, Article 2 of the Law on International Agreements 2020, international agreement means a written agreement on international cooperation between a Vietnamese contracting party, within its functions, tasks and powers, and a foreign contracting party, which does not give rise to, alter or terminate a right or obligation of the Socialist Republic of Vietnam under international law.

2. Rules for conclusion and implementation of international agreements in Vietnam

Rules for conclusion and implementation of international agreements under Article 3 of the Law on International Agreements 2020 are as follows:

- Compliance with the Constitution and laws of the Socialist Republic of Vietnam, national interests, foreign policy of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory; compliance with the principle of respect for national sovereignty, non-interference in the internal affairs of countries and other basic principles of international law.

- The conclusion of an international agreement may not give rise to, alter or terminate the rights and obligations of the Socialist Republic of Vietnam in accordance with international law; may not conclude an international agreement on matters that must be achieved through the conclusion of a treaty in accordance with law.

- Assurance of the external relations and effectiveness of the concluded international agreement, within the state budget allocated or autonomous budget according to the provisions of law.

- In conformity with the functions, tasks and powers of the agencies or organizations concluding international agreements and with the procedures for concluding international agreements specified in Law on International Agreements 2020.

- The conclusion of international agreements by agencies and organizations specified at Points b, c, d, dd, e, g, h, i and k, Clause 2, Article 2 of Law on International Agreements 2020 shall not be binding on the State, the National Assembly, the Government or Vietnamese agencies or organizations that have not concluded these international agreements.

- Communal People's Committees in border areas only conclude international agreements with foreign contracting parties being equivalent local governments on information exchange, pairing, cooperation in border management in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

- The Vietnamese contracting party is responsible for implementing the signed international agreement, and at the same time, has the right to request the foreign contracting party also implement such international agreement in a spirit of friendship and cooperation.

3. Contents of the state management of international agreements

Contents of the state management of international agreements under Article 4 of the Law on International Agreements 2020 are as follows:

- Promulgating legislative documents on international agreements.

- Ensuring the conclusion and implementation of international agreements as per the law.

- Raising awareness and guiding the implementation of the law on international agreements.

- Releasing statistics and archiving of international agreements.

- Inspecting, commending and handling violations of the law on international agreements.

- Settle complaints and whistleblowing related to the conclusion and implementation of international agreements.

4. Regulatory bodies of international agreements in Vietnam

Regulatory bodies of international agreements under Article 5 of the Law on International Agreements 2020 are as follows:

- The Government performs the unified state management of international agreements.

- The Ministry of Foreign Affairs shall be held accountable to the Government for performing the state management of international agreements.

- Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements in the name of their respective agencies and general departments or departments affiliated to the ministries and ministerial-level agencies.

- People's Committees of provinces shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements in the name of their respective agencies or specialized agencies affiliated to the People's Committees of provinces, districts, communes in border areas.

5. Name of international agreement in Vietnam

Name of international agreement under Article 6 of the Law on International Agreements 2020 is as follows:

An international agreement is concluded under the name of an agreement, announcement, statement, letter of intent, memorandum, minutes of settlement, minutes of exchange, cooperation program, cooperation plan or other name, other than the specific names of international treaties including conventions, treaties, agreements.

6. Language of international agreement in Vietnam

Language of international agreement under Article 7 of the Law on International Agreements 2020 is as follows:

- An international agreement must be written in Vietnamese, unless otherwise agreed between the Vietnamese contracting party and the foreign contracting party. In cases where the international agreement only has a document in a foreign language, the Vietnamese contracting party shall translate the international agreement into Vietnamese.

- The document in Vietnamese must keep the content accurate and the form consistent with the document in foreign language ​​of the international agreement.

Quoc Dat

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