Proposal for conclusion of international agreement in Vietnam 2023

Proposal for conclusion of international agreement in Vietnam 2023 (Internet image)

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

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. Proposal for conclusion of international agreement in Vietnam 2023

Required documents in a proposal for conclusion of international agreement, as prescribed in Clause 3 Article 9, Clause 4 Article 13, Clause 4 Article 15, Clause 4 Article 17, Clause 4 Article 19 and Clause 4 Article 22 of the Law on International Agreements 2020. including:

- A proposal for conclusion of international agreement, which includes the contents specified in Clause 1, Article 27 of the Law on International Agreements 2020 and issues with differing opinions between the consulting entity (if any), proposal for authorization to sign international agreement (if any);

- Written consultation responses of agencies and organizations specified in Clause 2 of Article 9, Clause 2 of Article 13, Clause 2 of Article 15, Clause 2 of Article 17, Clause 2 of Article 19, of Clause 2 of Article 22 and Clause 4 of Article 25 of the Law on International Agreements 2020;

- Report on explanation and acquiring opinions of the consulting entities;

- Draft international agreement document in Vietnamese and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required.

(Article 28 of the Law on International Agreements 2020)

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

According to Article 3 of the Law on International Agreements 2020, the rules for conclusion and implementation of international agreements 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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