Regulations on acceptance of or objection to reservations made by foreign signatories in Vietnam

Regulations on acceptance of or objection to reservations made by foreign signatories in Vietnam

The competent authority deciding to sign, ratify, approve or accede to treaties shall exercise the right to decide reservations of the Socialist Republic of Vietnam made to treaties.

Pursuant to Article 48 of the Law on Treaties 2016, regulations on acceptance of or objection to reservations made by foreign signatories are as follows:

- The recommending agency shall clearly state the requirement and the contents of the acceptance of or objection to reservations made by the foreign signatories; the proposed time to express acceptance or objection to such reservations and the legal consequences of such acceptance or objection in its submitted report to the Government on the signature, ratification, approval of or accession to a treaty which permits reservations and stipulates that reservations are subject to acceptance of reservations made by the treaty signatories.

- In cases where a foreign signatory makes a reservation to a treaty after the recommending agency submits a report to the Government on the signature, ratification, approval or accession to the treaty, the Ministry of Foreign Affairs shall notify the recommending agency promptly after obtaining information about the foreign signatory's making reservations to the treaty.

The recommending agency shall have to additionally submit the recommendation on the acceptance of or objection to such reservation, after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations.

- A dossier submitted by the recommending agency on the additional recommendation on the acceptance of or objection to a reservation as provided for in Clause 2 of Article 48 of the Law on Treaties 2016 shall comprise:

= The recommending agency's submitted report with the contents specified in Clause 1 of Article 48 of the Law on Treaties 2016;

= The treaty texts;

= Opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities.

Regulations on acceptance of or objection to reservations made by foreign signatories in Vietnam (Internet image)

Authority to decide the acceptance of or objection to reservations made by foreign signatories in Vietnam

Pursuant to Article 49 of the Law on Treaties 2016, regulations on the authority to decide the acceptance of or objection to reservations made by foreign signatories are as follows:

- The National Assembly shall decide to accept or object to reservations made by foreign signatories with respect to the treaty of or to which the National Assembly has decided the ratification or accession.

- The State President shall decide to accept or object to reservations made by foreign signatories with respect to the treaty of and to which the State President has decided the signature, ratification or accession.

- The Government shall decide to accept or object to reservations made by foreign signatories with respect to the treaty of or to which the National Assembly has decided the signature, ratification or accession.

- Acceptance of or objection to reservations made by foreign signatories must be expressed in a written form.

Processes and procedures for deciding the acceptance of or objection to reservations made by foreign signatories in Vietnam

Pursuant to Article 50 of the Law on Treaties 2016, regulations on the processes and procedures for deciding the acceptance of or objection to reservations made by foreign signatories are as follows:

- The National Assembly shall decide to accept or object to reservations made by foreign signatories with respect to the treaty upon deciding on the ratification or accession to that treaty or after the receipt of the supplementary submitted report on the acceptance of or objection to the reservations in accordance with the similar processes and procedures set forth in Article 36 of the Law on Treaties 2016.

- The State President or the Government shall decide to accept or object to reservations made by foreign signatories with respect to the treaty upon deciding on the signature, ratification, approval of or accession to that treaty or after obtaining the additional submitted report on the acceptance of or objection to such reservations.

Mai Thanh Loi

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