Competence to ratify treaties in Vietnam

Competence to ratify treaties in Vietnam (Internet image)

1. What is ratification?

According to Clause 8 Article 2 of the Law on Treaties 2016, ratification refers to a legal act performed by the National Assembly or State President to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

2. Types of treaties subject to ratification in Vietnam

Types of treaties subject to ratification according to the provisions of Article 28 of the Law on Treaties 2016 include:

- Treaties that contain provisions that the treaties are subject to ratification.

- Treaties signed in the name of the State.

- Treaties signed in the name of the Government, which contain provisions in contravention of laws or resolutions of the National Assembly.

3. Competence to ratify treaties in Vietnam

Pursuant to Clauses 1 and 2, Article 29 of the Law on Treaties 2016, the competence to ratify treaties is prescribed as follows:

*  The National Assembly shall ratify the following treaties:

- The treaty relates to wars, peace and national sovereignty of the Socialist Republic of Vietnam;

- The treaty relates to the establishment of, participation in an international and regional organization where such establishment of, participation in and withdrawal from that organization may affect fundamental policies on diplomatic relations, national defence, security, socio-economic development, finance and currency;

- A treaty changes, limits or terminate human rights, and substantive rights and obligations of citizens under laws and resolutions of the National Assembly;

- The treaty which contains provisions in contravention of laws and resolutions of the National Assembly;

- The treaty is directly signed by the State President with the Head of the other State.

* The State President shall ratify treaties defined in Section 2, except for those stated above.

4. Contents of the ratification instrument of a treaty in Vietnam

The ratification instrument shall include the following contents:

- The designation, time and place of signature of the treaty;

- Contents of reservation, acceptance of or objection to reservation(s) made by the foreign signatory, declaration with respect to a multilateral treaty, and other necessary issues;

- The decision on direct application of the whole or part of the treaty; the decision or proposal to amend, supplement, cancel or promulgate laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee for the implementation of the ratified treaty;

- Responsibilities of the recommending agency, the Ministry of Foreign Affairs and relevant entities for completion of ratification procedures and conduct of implementation of treaties;

- The full texts of treaties written in Vietnamese language as Annexes.

In cases where a treaty is signed only in a foreign language(s), Annexes contain the full texts of that treaty written in one of the languages used for signature and the Vietnamese translation of such treaty. 

(Clause 3, Article 29 of the Law on Treaties 2016)

5. Processes for the National Assembly’s considering and ratifying treaties at its sessions in Vietnam

The order of the National Assembly to consider and ratify a treaty at its session as prescribed in Article 36 of the Law on Treaties 2016 is as follows:

- The State President reports on the recommendation of the ratification of a treaty.

- The representative of the Government or the recommending agency other than the ministry, ministry-level agency or Governmental body presents reports on the treaty.

- The representative of the verifying agency delivers verification reports.

- The National Assembly debates the ratification of treaties in plenary sessions. Before plenary session debate, groups or delegations of National Assembly deputies may discuss the ratification of the treaty.

In the course of debate, the agency referred to in Clause 2 of Article 36 of the Law on Treaties 2016 may give additional information on the matters relating to the ratification of the treaty.

- The National Assembly Standing Committee presents reports on the responses to opinions and the correction of the draft resolution on ratification of treaties.

- The National Assembly votes to adopt a resolution on the ratification of the treaty.

Van Trong

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