Pháp lệnh ký kết và thực hiện thỏa thuận quốc tế năm 2007

ORDINANCE

ON CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
Pursuant to Resolution No. 72/2006/QH11 of November 29, 2006, of the XIth National Assembly, the 10th session, on the 2007 Law- and Ordinance- Making Program;
This Ordinance provides for the competence, order and procedures for conclusion and implementation of international agreements.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Ordinance provides for the competence, order and procedures for conclusion and implementation of international agreements in the name of the National Assembly, agencies of the National Assembly, assisting agencies of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the State Audit, ministries, ministerial-level agencies, government-attached agencies (below referred collectively to as central state agencies); People's Councils and People's Committees of provinces and centrally run cities (below collectively referred to as provincial-level agencies); central bodies of socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations (below referred collectively to as organizations' central bodies).

Article 2.- Contents of international agreements

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a/ Peace, security, border, territory and national sovereignty;

b/ Citizens' fundamental rights and obligations, judicial assistance;

c/ Participating in inter-governmental international organizations;

d/ Official development assistance at Vietnamese State or Government relation level;

e/ Other issues at Vietnamese State or Government relation level as provided for by law.

2. An international agreement may be signed in the title of agreement, memorandum of understanding, minute of agreement, minute of exchange, cooperation program, cooperation plan or else.

Article 3.- Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Foreign contracting party is the National Assembly, an agency of the National Assembly, an assisting agency of the National Assembly, the Supreme Court, the Supreme Procuracy, a ministry, a government-attached agency or an equivalent agency, a local administration or an organization of a foreign country.

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3. Signing is a legal act performed by a competent or authorized person to accept the binding of an international agreement on a central state agency, a provincial-level agency or an organization's central body.

4. Exchange of instruments constituting an international agreement means the exchange of letters or instruments in another title constituting a bilateral international agreement between a central state agency, a provincial-level agency or an organization's central body and a foreign contracting party.

5. Termination of the validity of an international agreement means a legal act performed by a central state agency, a provincial-level agency or an organization's central body to renounce the validity of an international agreement between the agency and a foreign contracting party.

6. Suspension of implementation of an international agreement means a legal act performed by a central state agency, a provincial-level agency or an organization's central body to suspend the implementation of part or the whole of an international agreement between the agency and a foreign contracting party.

Article 4.- Principles of conclusion and implementation of international agreements

Conclusion and implementation of an international agreement must abide by the following principles:

1. Compliance with national interests and foreign policy of the Socialist Republic of Vietnam; compliance with the principle of respect for national sovereignty, non-intervention in domestic affairs and other fundamental principles of international law; compliance with treaties to which the Socialist Republic of Vietnam is a contracting party on the same domain;

2. Compliance with the Constitution and laws of the Socialist Republic of Vietnam; relevance to the functions, tasks and powers of the agency concluding the international agreement;

3. Assurance of the feasibility and effectiveness of the concluded international agreement.

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5. Central state agencies, provincial-level agencies or organizations' central bodies shall strictly implement the international agreements concluded in their name and are entitled to request the foreign contracting parties to strictly implement the international agreements.

Article 5.- State management of conclusion and implementation of international agreements

State management of conclusion and implementation of international agreements covers:

1. Promulgation of legal documents on conclusion and implementation of international agreements;

2. Assurance of conclusion and implementation of international agreements in accordance with law;

3. Propagation and dissemination of the law on conclusion and implementation of international agreements;

4. Making of statistics on and archive of international agreements;

5. Oversight, supervision, inspection and handling of violations of the law on conclusion and implementation of international agreements;

6. Settlement of complaints and denunciations related to the conclusion and implementation of international agreements.

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1. The Government performs the unified state management of the conclusion and implementation of international agreements.

2. The Ministry of Foreign Affairs takes responsibility to the Government for performing state management of the conclusion and implementation of international agreements.

3. Central state agencies, provincial-level agencies and the agency in charge of organizations' external relations shall, within the scope of their tasks and powers, coordinate with the Ministry of Foreign Affairs in performing state management of the conclusion and implementation of international agreements.

Article 7.- Forms of acceptance of binding of international agreements

Central state agencies, provincial-level agencies and organizations' central bodies may accept the binding of an international agreement through one of the following acts:

1. Signing an international agreement;

2. Exchanging instruments constituting an international agreement;

3. Other acts as agreed upon with the foreign contracting party.

Article 8.- Language used in international agreements

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2. When an international agreement is signed in a foreign language only, the Vietnamese party shall translate it into Vietnamese.

Chapter II

CONCLUSION OF INTERNATIONAL AGREEMENTS

Section 1. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE NATIONAL ASSEMBLY, AGENCIES OF THE NATIONAL ASSEMBLY OR ASSISTING AGENCIES OF THE NATIONAL ASSEMBLY

Article 9.- Competence to decide on conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly

1. The Chairman of the National Assembly, heads of agencies of the National Assembly, and heads of assisting agencies of the National Assembly decide on the conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly.

2. When the agency of the National Assembly or the assisting agency of the National Assembly and the consulted agencies defined in Clause 1, Article 10 of this Ordinance hold divergent opinions, the agency of the National Assembly or the assisting agency of the National Assembly shall submit the conclusion of an international agreement to the Chairman of the National Assembly for decision.

Article 10.- Order and procedures for conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly

1. Before concluding an international agreement, the agency of the National Assembly or the assisting agency of the National Assembly shall consult in writing the National Assembly's Committee for Foreign Affairs, the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.

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3. The Chairman of the National Assembly, the head of the agency of the National Assembly or the head of the assisting agency of the National Assembly shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.

4. When the agency of the National Assembly or the assisting agency of the National Assembly and the consulted agencies defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:

a/ The agency of the National Assembly or the assisting agency of the National Assembly submits the conclusion of the international agreement to the Chairman of the National Assembly for opinion;

b/ The Chairman of the National Assembly decides in writing on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the agency of the National Assembly or the assisting agency of the National Assembly;

c/ The head of the agency of the National Assembly or the assisting agency of the National Assembly concludes or authorizes another person to sign the international agreement after receiving a written agreement of the Chairman of the National Assembly as mentioned at Point b of this Clause.

5. After signing an international agreement, the agency of the National Assembly or the assisting agency of the National Assembly shall report it in writing to the Chairman of the National Assembly and concurrently send a copy of the concluded international agreement to the National Assembly's Committee for Foreign Affairs for notification.

Section 2. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE SUPREME PEOPLE'S COURT, THE SUPREME PEOPLE'S PROCURACY OR THE STATE AUDIT

Article 11.- Competence to decide on conclusion of international agreements in the name of the Supreme People's Court, the Supreme People's Procuracy or the State Audit

The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General shall decide on the conclusion of international agreements in the name of the Supreme People's Court, the Supreme People's Procuracy or the State Audit respectively.

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1. Before concluding an international agreement, the Supreme People's Court, the Supreme People's Procuracy or the State Audit shall consult in writing the National Assembly's Committee for Foreign Affairs, the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.

2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.

3. The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.

4. When the Supreme People's Court, the Supreme People's Procuracy or the State Audit and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:

a/ The Supreme People's Court, the Supreme People's Procuracy or the State Audit submits the conclusion of the international agreement to the National Assembly Standing Committee for opinion;

b/ The National Assembly Standing Committee gives its opinion on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the Supreme People's Court, the Supreme People's Procuracy or the State Audit;

c/ The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General bases on the opinion of the National Assembly Standing Committee mentioned at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.

5. After signing an international agreement, the Supreme People's Court, the Supreme People's Procuracy or the State Audit shall report it in writing to the National Assembly Standing Committee and concurrently send a copy of the concluded international agreement to the National Assembly's Committee for Foreign Affairs and the Ministry of Foreign Affairs for notification.

Section 3. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES OR GOVERNMENT-ATTACHED AGENCIES

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Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall decide on the conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies respectively.

Article 14.- Order and procedures for conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies

1. Before concluding an international agreement, a ministry, ministerial-level agency or government-attached agency shall consult in writing the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.

2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.

3. The minister, the head of a ministerial-level agency or the head of a government-attached agency shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.

4. When the ministry, ministerial-level agency or government-attached agency and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:

a/ The ministry, ministerial-level agency or government-attached agency submits the conclusion of the international agreement to the Prime Minister for opinion;

b/ The Prime Minister gives his opinion in writing on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the ministry, ministerial-level agency or government-attached agency;

c/ The minister, the head of a ministerial-level agency or the head of a government-attached agency bases on the opinion of the Prime Minister stated at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.

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Section 4. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF PROVINCIAL-LEVEL AGENCIES

Article 15.- Competence to decide on conclusion of international agreements in the name of provincial-level agencies

Heads of provincial-level agencies shall decide on the conclusion of international agreements in the name of provincial-level agencies.

Article 16.- Order and procedures for conclusion of international agreements in the name of provincial-level agencies

1. Before concluding an international agreement, a provincial-level agency shall consult in writing the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.

2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.

3. The head of a provincial-level agency shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.

4. When the provincial-level agency and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:

a/ The provincial-level agency submits the conclusion of the international agreement to the Prime Minister for opinion;

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c/ The head of a provincial-level agency bases on the opinion of the Prime Minister mentioned at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.

5. After signing an international agreement, the provincial-level agency shall report it in writing to the Prime Minister and concurrently send a copy of the concluded international agreement to the Ministry of Foreign Affairs for notification.

Section 5. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF ORGANIZATIONS' CENTRAL BODIES

Article 17.- Competence to decide on conclusion of international agreements in the name of organizations' central bodies

Heads of organizations' central bodies shall decide on the conclusion of international agreements in the name of organizations' central bodies after receiving the written agreement of the agency in charge of organizations' external activities.

Article 18.- Order and procedures for conclusion of international agreements in the name of organizations' central bodies

1. Before submitting the conclusion of an international agreement to the agency in charge of its external activities, an organization's central body shall consult in writing the Ministry of Foreign Affairs, the state management agency in charge of the cooperation domain and organizations related to cooperative activities under the international agreement.

2. Consulted agencies and organizations stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.

3. After receiving the written replies of the consulted agencies mentioned in Clause 1 of this Article, the organization's central body shall submit the conclusion of an international agreement to the agency in charge of the organization's external activities for opinion.

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5. The head of the organization's central body shall decide and conclude or authorize another person to sign an international agreement after receiving written agreement of the agency in charge of the organization's external activities stated in Clause 4 of this Article.

6. After concluding an international agreement, the organization's central body shall report it in writing to the agency in charge of the organization's external activities and concurrently send a copy of the concluded international agreement to the Ministry of Foreign Affairs for notification.

Section 6. CONSULTATION DOSSIERS AND SUBMITTED DOSSIERS ON THE CONCLUSION OF INTERNATIONAL AGREEMENTS

Article 19.- Consultation dossiers on conclusion of international agreements

A dossier of consultation with concerned agencies and organizations on the conclusion of an international agreement stated in Clause 1 of Article 10, Clause 1 of Article 12, Clause 1 of Article 14, Clause 1 of Article 16 and Clause 1 of Article 18 of this Ordinance comprises:

1. Written proposal on the conclusion of an international agreement, clearly stating the requirement and purpose of the conclusion of an international agreement; major contents of the international agreement; an assessment of political, economic, social and other impacts of the international agreement to be concluded; and an assessment of compliance with the provisions of Articles 2 and 4 of this Ordinance;

2. The Vietnamese and foreign-language versions of the international agreement; the Vietnamese translation of the international agreement, if the international agreement to be signed is available in a foreign language only;

3. Other necessary documents.

Article 20.- Submitted dossiers on conclusion of international agreements

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1. Written proposal on the conclusion of an international agreement, clearly stating the requirement and purpose of the conclusion of an international agreement; major contents of the international agreement; an assessment of political, economic, social and other impacts of the international agreement to be concluded; an assessment of compliance with the provisions of Articles 2 and 4 of this Ordinance; and issues, if any, on which opinions of concerned agencies and organizations are divergent;

2. Written opinions of concerned agencies and organizations stated in Clause 2 of Article 10, Clause 2 of Article 12, Clause 2 of Article 14, Clause 2 of Article 16 and Clause 2 of Article 18 of this Ordinance;

3. The Vietnamese and foreign-language versions of the international agreement; the Vietnamese translation of the international agreement, if the international agreement to be signed is available in a foreign language only;

4. Other necessary documents.

Chapter III

IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 21.- Effect of international agreements

1. The effect of an international agreement is prescribed in the international agreement document.

2. If an international agreement contains no provisions on its effect, its effect is as agreed upon between the Vietnamese and foreign contracting parties.

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Central state agencies, provincial-level agencies and organizations' central bodies shall archive the originals of their international agreements in accordance with the law on archives.

Article 23.- Duplication of international agreements

1. Central state agencies, provincial-level agencies and organizations' central bodies shall duplicate effective international agreements and send them to their concerned attached units for implementation.

2. If an international agreement is available in a foreign language only, central state agencies, provincial-level agencies or organizations' central bodies shall enclose the international agreement with its Vietnamese translation.

Article 24.- Publicization of international agreements

Unless otherwise agreed upon between the Vietnamese and foreign parties or decided by competent state agencies, international agreements concluded in the name of central state agencies, provincial-level agencies or organizations' central bodies must be publicized.

Article 25.- Organization of implementation of international agreements

1. Central state agencies, provincial-level agencies and organizations' central bodies shall, within the scope of their assigned tasks and powers, organize the strict implementation of international agreements they have concluded and at the same time request the foreign contracting parties to strictly implement these international agreements.

2. Implementation of an international agreement may not violate the principles prescribed in Article 4 of this Ordinance.

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1. Persons competent to decide on the conclusion of international agreements defined in Articles 9, 11, 13, 15 and 17 of this Ordinance are competent to decide on the revision, supplementation or extension of these international agreements.

2. The order and procedures for revision, supplementation or extension of an international agreement are similar to those for conclusion of an international agreement defined in this Ordinance.

3. After revising, supplementing or extending an international agreement, the central state agency, provincial-level agency or organization's central body shall notify the Ministry of Foreign Affairs thereof.

Article 27.- Termination of effect or suspension of implementation of international agreements

1. An international agreement may be terminated or suspended from implementation in the following cases:

a/ As provided for in the international agreement or agreed upon between the Vietnamese and foreign contracting parties;

b/ One of the principles defined in Article 4 of this Ordinance is breached during the implementation of the international agreement;

c/ The foreign contracting party seriously violates the international agreement.

2. The order and procedures for termination or suspension from implementation of an international agreement are similar to those for conclusion of an international agreement defined in this Ordinance.

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4. After making decision on the termination or suspension from implementation of an international agreement, the central state agency, provincial-level agency or organization's central body shall notify the foreign contracting party thereof.

5. After an international agreement is terminated or suspended from implementation, the central state agency, provincial-level agency or organization's central body shall notify the Ministry of Foreign Affairs thereof.

Chapter IV

RESPONSIBILITIES OF CENTRAL STATE AGENCIES, PROVINCIAL-LEVEL AGENCIES AND ORGANIZATIONS CENTRAL BODIES IN THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 28.- Responsibilities of agencies in the management of the conclusion and implementation of international agreements

1. In performing the state management of the conclusion and implementation of international agreements, the Ministry of Foreign Affairs has the following tasks and powers:

a/ To take responsibility to the Government for performing the state management of the conclusion and implementation of international agreements under Article 5 of this Ordinance;

b/ To coordinate with concerned agencies in making annual reports or reports upon request on the conclusion and implementation of international agreements by ministries, ministerial-level agencies, government-attached agencies and provincial-level agencies.

2. Regarding the conclusion and implementation of international agreements, the National Assembly's Committee for Foreign Affairs shall assist the National Assembly Standing Committee in performing the following tasks and powers:

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b/ To report to the National Assembly on and notify the Government and the Ministry of Foreign Affairs annually or upon request of the conclusion and implementation of international agreements by agencies of the National Assembly, assisting agencies of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy and the State Audit;

3. Regarding the conclusion and implementation of international agreements, the agency in charge of organizations' external activities has the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with concerned agencies in, guiding the conclusion and implementation of international agreements by organizations;

b/ To make annual reports or reports upon request of competent superior agencies on and notify the Government and the Ministry of Foreign Affairs of the conclusion and implementation of international agreements by organizations' central bodies.

Article 29.- Responsibilities of central state agencies, provincial-level agencies and organizations' central bodies

Within the scope of their assigned tasks and powers, central state agencies, provincial-level agencies and organizations' central bodies shall:

1. Ensure compliance with and strict implementation of international agreements they have concluded;

2. Make long-term and annual plans on the conclusion and implementation of international agreements and send them to the Ministry of Foreign Affairs for monitoring and synthesis, and reporting to the Prime Minister; send annual plans not later than November 15 of the previous year;

3. Unless otherwise agreed upon between the Vietnamese and foreign parties or decided by competent state agencies, duplicate, publicize, propagate and disseminate international agreements they have concluded;

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5. Report on the conclusion and implementation of international agreements to competent agencies according to Articles 9, 11, 13, 15 and 17 of this Ordinance not later than November 15 every year; at the same time send these reports to the Ministry of Foreign Affairs for monitoring and synthesis, and reporting to the Prime Minister. Such a report should clearly state difficulties, advantages and specific recommendations for the strict implementation of the concluded international agreements and improvement of the effectiveness of international cooperation.

Central state agencies, provincial-level agencies and organizations' central bodies shall, upon request, report on the conclusion and implementation of international agreements to competent agencies according to Articles 9, 11, 13, 15 and 17 of this Ordinance.

Article 30.- Oversight of the conclusion and implementation of international agreements

1. The National Assembly Standing Committee shall oversee the implementation of the Ordinance on Conclusion and Implementation of International Agreements.

2. The Committee for Foreign Affairs shall assume the prime responsibility for, and coordinate with the Nationalities Council and other Committees of the National Assembly in, overseeing the implementation of the Ordinance on Conclusion and Implementation of International Agreements.

3. National Assembly deputies' delegations, National Assembly deputies and provincial-level People's Councils shall oversee the implementation of the Ordinance on Conclusion and Implementation of International Agreements in accordance with law.

Article 31.- Handling of violations

Agencies, organizations and individuals that violate the provisions of this Ordinance shall be handled in accordance with law.

Chapter V

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Article 32.- Funds for conclusion and implementation of international agreements

1. Funds for the conclusion and implementation of international agreements in the name of central state agencies or provincial-level agencies are assured with the funds allocated from the state budget for routine activities of these agencies and with other funding sources.

2. Funds for the conclusion and implementation of international agreements in the name of organizations' central bodies are assured with the financial sources of organizations, central bodies and with other funding sources.

Article 33.- Implementation effect

1. This Ordinance takes effect on July 1, 2007.

2. The Government's Decree No. 20/2002/ND-CP of February 20, 2002, on the conclusion and implementation of international agreements by provinces, centrally run cities, socio-political organizations, social organizations and socio-professional organizations ceases to be effective on the effective date of this Ordinance.

THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
CHAIMAN




Nguyen Phu Trong

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