What is approval? Approval-granting authority in Vietnam

What is approval? Approval-granting authority in Vietnam (Internet image)

1. What is approval?

According to Clause 9, Article 2 of the Law on Treaties 2016, approval refers to a legal act performed by the Government to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

2. Treaties subject to approval in Vietnam

The Government shall decide to approve treaties specified in Article 37 of the Law on Treaties 2016. Unless falling within the ratification jurisdiction of the National Assembly, the treaties listed below shall be subject to approval:

- The treaty signed in the name of the Government which contains provisions stating that completion of approval or legal procedures is required by each state to enter into force;

- The treaty signed in the name of the Government which contains provisions in contravention of legal documents adopted by the Government.

(Clause 1, Article 38 of the Law on Treaties 2016)

3. Contents of approval instrument

According to Clause 2, Article 38 of Law on Treaties 2016, The approval instrument shall include contents which are the same as those contained in the ratification instrument referred to in Clause 3 Article 29 of the Law on Treaties 2016 as follows:

- 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. 

4. Recommendations on approval of treaties in Vietnam

 The recommendations on approval of treaties is specified in Article 39 of the Law on Treaties 2016 as follows:

- The recommending agency shall submit to the Government the request for approval of a treaty, after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities.

- Authorities or organizations from which opinions are requested above shall be responsible for making written replies within a period of 15 days of full receipt of the written request for opinions. 

5. Dossiers submitted to request approval of treaties in Vietnam

According to Article 40 of the Law on Treaties 2016, Dossiers submitted to request approval of treaties include documents which are the same as those on ratification of treaties as provided in Article 31 of the Law on Treaties 2016 as follows:

- The recommending agency's written submission, which contains

+ The assessment of the impacts of the treaty on Vietnam,

+ Recommendations on the ratification, time for ratification, reservations, acceptance of or objection to the reservation(s) made by the foreign signatories, declaration with respect to a multilateral treaty;

+ Recommendations on the direct application of the whole or part of the treaty;

+ Recommendations on amendment, supplementation, cancellation or promulgation of legal documents for the implementation of the treaty.

- Opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities; report on the responses to opinions from agencies or organizations and suggestions for necessary actions; the proposed plans for implementation of treaties.

- The texts of a treaty.

Van Trong

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