Procedures for concluding an international agreement in the name of the provincial regulatory body in Vietnam

 Procedures for concluding an international agreement in the name of the provincial regulatory body in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Power to decide conclusion of an international agreement in the name of provincial regulatory bodies in Vietnam

Power to decide conclusion of an international agreement in the name of provincial regulatory bodies according to Article 18 of the Law on International Agreements 2020 is as follows:

- Presidents of the People's Councils of provinces shall decide the conclusion of international agreements in the name of the People's Councils of provinces.

- Presidents of the People's Committees of provinces shall decide the conclusion of international agreements in the name of the People's Committees of provinces.

2. Procedures for concluding an international agreement in the name of the provincial regulatory body in Vietnam

Procedures for concluding an international agreement in the name of the provincial regulatory body according to Article 19 of the Law on International Agreements 2020 are as follows:

- The provincial regulatory body shall send a proposal for conclusion of an international agreement in their name to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

- The consulting entities shall respond in writing within 7 working days after receiving a duly completed proposal specified in Article 27 of the Law on International Agreements 2020.

- The competent person defined in Article 18 of the Law on International Agreements 2020 shall decide and proceed to sign or authorize another person to sign the international agreement after reviewing and acquiring consultation from the consulting entities.

- In case the consulting entity disagrees with the conclusion of international agreements, the procedures shall be done as follows:

+ The provincial regulatory body shall seek consultation from the Prime Minister on the conclusion of the international agreement. The submitting agency must fully report the consultation of the consulting entity;

+ Within 7 working days after receiving duly completed documentation as prescribed in Article 28 of the Law on International Agreements 2020, the Prime Minister shall give his/her opinions in writing on the conclusion of the international agreement;

+ The conclusion of the international agreement shall be proceeded following a written consent from the Prime Minister.

- The provincial regulatory body shall report in writing to the Prime Minister and send a copy of the international agreement to the Ministry of Foreign Affairs within 15 days from the date on which the international agreement is signed.

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

Rules for conclusion and implementation of international agreements according to 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 the 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 the 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.

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