06 things you should know about concluding international agreements in Vietnam

06 things you should know about concluding international agreements in Vietnam (Internet image)

What are the current regulations on concluding international agreements? - Tra Giang (Phu Yen)

1. What is international agreement?

- 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.

(Clause 1, Article 2 of the Law on International Agreements 2020)

2. Vietnamese contracting party

In Clause 2, Article 2 of the Law on International Agreements 2020, Vietnamese contracting party refers to:

- The State, the National Assembly, the Government;

- The Nationality Council, Committees of National Assembly (hereinafter referred to as agencies of the National Assembly), Secretary General of National Assembly, the Office of the National Assembly, agencies affiliated to the Standing Committee of National Assembly, State Audit;

- The President's Office, the Supreme People’s Court, the Supreme People’s Procuracy;

- Ministries, ministerial-level agencies, Governmental agencies;

- The People’s Council, the People's Committee of province (hereinafter referred to as provincial regulatory bodies);

- General Department, Departments affiliated to Ministries, ministerial-level agencies;

- Specialized agencies affiliated to the People's Committee of province;

- The People’s Committee of district;

- The People’s Committee of commune in border areas; or

- Central agencies of socio-political organizations, political-socio-professional organizations, social organizations, socio-professional organizations (hereinafter referred to as central agencies of organizations);

Provincial agencies of socio-political organizations, political-socio-professional organizations, social organizations, socio-professional organizations (hereinafter referred to provincial agencies of organizations).

3. Power to decide conclusion of an international agreement in the name of the State or the Government of Vietnam

In Article 8 of the Law on International Agreements 2020, the power to decide conclusion of an international agreement in the name of the State or the Government of Vietnam is as follows:

- The State President shall decide the conclusion of an international agreement in the name of the State.

- The Prime Minister shall decide the conclusion of an international agreement in the name of the Government.

4. Procedures for concluding international agreements in the name of the State or the Government of Vietnam

In Article 9 of the Law on International Agreements 2020, the procedures for concluding international agreements in the name of the State or the Government are as follows:

Step 1: Ministry, ministerial-level agency or Governmental agency shall send a proposal for conclusion of an international agreement in the name of the State or the Government to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

Step 2: The agency or organization from whom the consultation is sought (hereinafter referred to as consulting entity) shall respond in writing within 7 working days after receiving a duly completed proposal specified in Article 27 of this Law.

Step 3: The Ministry, ministerial-level agency or Governmental agency shall examine the consultation, complete the proposal and seek approval from the Prime Minister for the international agreement in the name of the Government; or request the Government to seek approval from the State President for the international agreement in the name of the State.

Step 4: The State President or the Prime Minister shall decide and proceed to sign or authorize another person to sign the international agreement. On the basis of a written decision of the State President or the Prime Minister, the Ministry, ministerial-level agency or Governmental agency shall hold the conclusion of the international agreement.

Step 5: The Ministry, ministerial-level agency or Governmental agency shall report in writing to the State President or the Prime Minister and send copies of the international agreement to the Ministry of Foreign Affairs and relevant agencies and organizations in writing within 15 days from the date on which the international agreement is signed.

5. Grant of a power of attorney to sign an international agreement in the name of the State or the Government of Vietnam

Pursuant to Article 10 of the Law on International Agreements 2020, the grant of a power of attorney to sign an international agreement in the name of the State or the Government is as follows:

The Minister of Foreign Affairs shall grant a power of attorney to sign international agreements in the name of the State or the Government on the basis of written consent of the State President or the Prime Minister, except for international agreements to be signed by the State President, the Prime Minister or the Minister of Foreign Affairs.

6. Review and comparison of international agreement documents in the name of the State or the Government before conclusion in Vietnam

According to Article 11 of the Law on International Agreements 2020, the review and comparison of international agreement documents in the name of the State or the Government before conclusion is as follows:

Before concluding an international agreement in the name of the State, the Ministry, ministerial-level agency or Governmental agency shall take charge and cooperate with the Ministry of Foreign Affairs and relevant state agencies in reviewing and comparing the document in Vietnamese and the document in foreign language ​​to ensure the accuracy of content and consistency in form.

Ngoc Nhi

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