Vietnam: What is treaty? The name under which a treaty is concluded

Vietnam: What is treaty? The name under which a treaty is concluded (Internet image)

1. What is treaty?

According to Clause 1, Article 2 of the Law on Treaties 2016, treaty refers to any written agreement concluded in the name of the State or Government of Socialist Republic of Vietnam with foreign signatories which creates, changes or terminates rights or obligations of the Socialist Republic of Vietnam governed by international laws, regardless of whatever its particular designations including, inter alia, treaty, convention, pact, covenant, protocol, understanding and exchange of notes.     

2. The name under which a treaty is concluded

The name under which a treaty is concluded specified in Article 4 of the Law on Treaties 2016 is stipulated as follows:

- A treaty shall be concluded under the name of the State in the following cases:

+ A treaty is directly signed by the State President with the Head of other State; 

+ A treaty relates to wars, peace, and national sovereignty of the Socialist Republic of Vietnam;

+ A treaty relates to the establishment of, participation in an international and regional organization where the 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;

+ A treaty is concluded under the name of the State by agreement with any foreign signatory.

- A treaty shall be concluded under the name of the Government in the following cases:

+ Any treaty is not concluded under the name of the State;

+ A treaty is concluded under the name of the Government by agreement with any foreign signatory.

3. Language and form of a treaty

- A bilateral treaty must have a text in Vietnamese language, unless otherwise agreed with foreign signatories.

- In cases where a treaty is signed in various languages, texts so written shall have the similar effect, unless otherwise agreed with foreign signatories.

- In cases where a treaty is signed only in foreign languages, a Vietnamese translation of such treaty is required in the proposal submitted to conclude such treaty. 

- In cases where the Socialist Republic of Vietnam reserves, accepts or objects to reserving, of foreign signatories, the statement on a multilateral treaty, the proposal shall be required to include draft documents relating to such reservation and statement made in Vietnamese language and a foreign language used for notifying the depositary of such multilateral treaty.

- The original text of a bilateral treaty for the Vietnam party must be printed on treaty paper, bound with covers by using the format adopted by the Ministry of Foreign Affairs of Vietnam, unless otherwise agreed upon with a foreign signatory.

(Article 5 of Law on Treaties 2016)

4. Treaties and provisions of domestic laws

- In cases where a legal document and a treaty to which the Socialist Republic of Vietnam is a party, contains different provisions on the same matter, the provisions of the treaty shall prevail, except the Constitution.

- On the basis of the requirements, contents and nature of a treaty, the National Assembly, the State President or the Government, when deciding to consent to be bound by the treaty, shall also decide on the direct application of the whole or part of the treaty to natural, judicial or other entities in case the provisions of the treaty are express and specific enough for implementation; or decide or propose to amend, supplement, cancel or promulgate legal documents for the implementation of the treaty.

(Article 6 of Law on Treaties 2016)

Diem My

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