Circular 63/2012/tt-Bca: Proposed Regulation On Signing, Joining And Implementing International Treaties; Proposed Conclusion And Implementation Of International Agreements In The Public Security People

Original Language Title: Thông tư 63/2012/TT-BCA: Quy định về việc đề xuất ký kết, gia nhập và thực hiện điều ước quốc tế; đề xuất ký kết và thực hiện thỏa thuận quốc tế trong Công an nhân dân

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
MINISTER OF SECURITY
Numbers: 63 /2012/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 29, 2012
IT ' S SMART
The regulation of the proposal to sign, join and implement international treaties;
proposal to sign and implement the international agreement in the People ' s Public Security
_____________________________

The Law of Signing, accession and implementation of the international treaty in 2005; the Ordinal Ordinal Command and the implementation of the 2007 international agreement;
Base of Protocol 77 /2009/NĐ-CP September 15, 2009 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;
On the recommendation of the Chief Justice of the Law;
The Minister of Public Security issued a regulatory agreement on the proposed signing, accession and implementation of international treaties; the proposal to sign and implement the international agreement in the People's Public Security.
Chapter I
COMMON RULES
Number one. Adjustment range
This information provides for the proposal of signing, accession and implementation of international treaties; proposals for revision, addition, extension, maintenance, effect termination, resignation, withdrawal, temporary suspension of international treaties; proposals for signing and implementation of international agreements; The proposed amendment, the addition, the extension, the effective end, the temporary suspension of the international agreement in the People's Public Security.
Article 2. Subject applies
It applies to the general departments, units of the Ministry, the Provincial Public Security, the Central City, the Police Department and the Fire Department (later known as the Company of Units, local) and the agency, the organization, the individual involved.
Third. Explain the word
In this Information, the words below are understood as follows:
1. The international treaty in the Public Security is that written agreements on international cooperation are signed or joined in the name of the State and the Government of the Socialist Republic of Vietnam by the Ministry of Public Security. The other industry chairs the signing proposal, which joins the content associated with the Public Security.
2. The international agreement in the name of the Ministry of Public Security of the Socialist Republic of Vietnam is a written commitment to international cooperation issued by the Minister of Public Security or by the Minister of Public Security with one or more of the foreign signage in accordance with the rules. in Article 2 of the Ordination of the Agreement and the implementation of the 2007 International Agreement.
3. The international convention is to aggregate the work that is relevant to the proposed signing, accession and implementation of international treaties, the proposed amendment, addition, extension, maintenance, effect cessation, resignation, withdrawal, withdrawal, temporary execution of only the conditions. The international convention in the People's Security.
4. The international agreement is to sum up the work involved in the proposed negotiation, sign and implement the implementation of the international agreement, the amendment, the addition, the extension, the termination of the effect, the temporary suspension of the Ministry of Public Security's international agreement.
Article 4. The principle of signing proposals, accession and implementation of international treaties; the proposal to sign and implement the international agreement in the People ' s Public Security.
1. Consure in accordance with the Constitution, the Vietnamese legal system, law and international law, adhering to the principles of regulation at Article 3 of the Law of Signing, accession and implementation of the international treaty in 2005; Article 4 of the Ordinal Order of the Agreement and the implementation of the international agreement in 2007 and the provisions of the Ministry of Public Security.
2. Create a legal basis for international cooperation protection, national security, social security; preferable cooperation with neighboring countries, countries in the region, countries with traditional relations and countries with many Vietnamese living, labor, education, and other countries. sets, working; serving the foreign policy of the Party and the State.
3. Secure the order, procedure and authority to propose the signing, join and implement international treaties under the provisions of the Contracting Law, to join and implement the International Convention in 2005; the proposal to sign and implement the international agreement under the provisions of the Signature of the Signature. to the end of the 2007 international agreement.
Chapter II
THE PROPOSAL TO SIGN, JOIN THE INTERNATIONAL TREATY; THE PROPOSAL TO SIGN INTERNATIONAL AGREEMENT.
Section 1. PROPOSAL TO SIGN, JOIN THE INTERNATIONAL TREATY
Article 5. Building the signing plan, joining the international treaty in the People ' s Public Security
Every year and every five years, within the functional range, the mandate, the authority to be delivered, by the rule of law and the request for international cooperation of its unit, the units in the People ' s Public Security proposes the signing plan, joining the international treaty to send the French case. The general plan of the Ministry of Public Security, the Secretary of Commerce, the executive sign.
Number 6. The proposal to sign international treaties in the People ' s Public Security
1. Before proposing to the Minister for the signing of the International Treaty, the proposed unit must build a draft of an international treaty or study, to compare, compare the content of the multi-party international treaty or draft bilateral international treaties due to the contracting party. In addition to the preparation of the relevant Vietnamese law; the construction of the negotiation method, acceptance, modification, addition, the written opinion of the Public Security of Units, the relevant locale and the inspection opinion of the French case by regulation and text drafting. The Minister or the Commissioner is authorized to present the Government or the agency, who has jurisdiction over the signing of the international treaty.
2. After being given the agency, who has the authority to agree and the mandate to negotiate, the chief negotiator is responsible for reporting the ministry to the delegation of talks, venue, time, content and negotiation results.
Article 7. The proposal to join the international treaty
The proposed unit reports the leadership of the Department of the Agency, who has jurisdiction over the accession of the international treaty as defined in Chapter III the Signing Law, the accession and implementation of the international treaty in 2005 and the regulation of the international treaties.
Article 8. The proposed maintenance or statement does not apply
In the process of proposing the signing, accession to the international treaty, the unit proposed the regulatory base of the international treaty and the results of the study, stating that the preservation proposal was to exclude or change the legal validity of one or some regulations in international treaties. when applying or the declaration does not apply one or some of the provisions of that international treaty to the Socialist Republic of Vietnam, the report leader of the Department of the Agency, who has the authority to consider, decide.
Section 2. PROPOSAL TO SIGN INTERNATIONAL AGREEMENT
Article 9. Build a plan to sign the international agreement on behalf of the Ministry of Public Security
Every year and every five years, within the functional range, the mandate, the right to be delivered, by the rule of law, the requirement for international cooperation, the units in the public ' s public to propose a plan to sign the international agreement with the foreign secretary to the United States. The international team to report leadership and exchange, agreement with foreign partners, and then send a copy to the French case to sum up, build a joint plan of the Ministry of Public Security.
Article 10. The procedure, the proposal to sign the international agreement on behalf of the Ministry of Public Security
1. Before the proposal to negotiate, report on the signing of the international agreement in the name of the Ministry of Public Security, the proposed unit is responsible for the written opinion of the Public Security of Units, relevant localities and the opinion of the Ministry of Foreign Affairs under provisions at clause 1 Article 14 France. The signing order and implementation of the 2007 international agreement. After receiving a written reply by the petition to the opinion, the proposed collection unit, construction of the repetition for the International Cooperation to examine, send the Case of France to appraisal in the 15 (fifteen) days from the date of the full recipient. The file specified in Article 12 of this message.
The proposed case for international agreement was prepared by the foreign secretary, the proposed unit was responsible for presiding over the research and construction of the acceptance, modification, addition or construction of the new draft of the Ministry of Public Security if necessary.
2. After being agreed by the Minister of Public Security and the negotiating mandate, the Chief negotiator is responsible for reporting the leadership of the ministry to the negotiating part, location, time, content and negotiation results.
In the case of negotiations conducted through the diplomatic line, the proposed unit presided in coordination with the International Cooperation to implement and report the leadership of the Ministry of Content and the outcome of negotiations.
3. The results of the international agreement negotiation, the proposed unit is responsible for the construction of the report on the signing of the international agreement. In the content of the report proposals to sign the international agreement which includes information on the name, the title of the person will be on behalf of the Ministry of Public Security of the Secretary of State for consideration, the decision.
Section 3. THE PROFILE OF THE PROPOSED SIGNING, ACCESSION TO THE INTERNATIONAL TREATY; THE PROPOSAL TO SIGN THE INTERNATIONAL AGREEMENT.
Article 11. Case of proposal to sign, join the international treaty.
The filing of the Minister for the Signing, accession to the international treaty in the People's Public Security currently stipulated at Article 14 of the signing, accession and implementation of the international treaty in 2005 and the direction of the directorship of the Deputy Minister of Public Security, the opinion of the examination. The French case, the idea of participating in the text of the Public Security of Units, is related.
Article 12. Case of proposal to sign international agreement
The Secretary of the Council for the signing of the international agreement includes:
1. The proposed text on the signing of the international agreement stipulated at the 1 Article 20 Ordinal Ordinal Agreement and the implementation of the 2007 international agreement.
2. The draft text of the international agreement in Vietnamese, foreign language; in the case of international agreements only signed in foreign language, there must be translations in Vietnamese.
3. The direction of the direction of the ministers of the Ministry of Public Security, the appraisal opinion of the French case, the inspection opinion of the International Cooperation and the opinion to participate in the text of the Public Security of Units, the locality is relevant.
4. Other required documents.
Article 13. The responsibility of the proposal proposal unit, joined the international treaty; the proposal to sign the international agreement.
1. The signing proposal unit, accession to the international treaty; the proposal to sign the international agreement in the People ' s Public Security is responsible for fining the deposit to the French case for examination to the international convention, which is appraisal to the international agreement before sending the Ministry. Judicial appraisal, the Ministry of Foreign Affairs examined by regulation at Articles 10, 17, 18, 19, 20, 21 Laws signed, joined and implemented an international treaty in 2005 or before applying for an opinion by the Ministry of Foreign Affairs under provisions at Article 14 of the signing and execution. international agreement in 2007.
2. Coordinated with the Legal and Agencies Case, the organization has the study to continue the opinion, which regulates international treaties, the international agreement after the approval of the Ministry of Justice, the Foreign Ministry ' s opinion of the Foreign Office for international treaties or the United States. The Ministry of Foreign Affairs's written opinion on the international agreement.
Section 4. APPRAISAL, TEST FOR INTERNATIONAL TREATY DRAFT, INTERNATIONAL AGREEMENT APPRAISAL
Article 14. Appraisal, check out the signing file, join the international convention.
1. The procedure, the procedure for the appraisal, examination of the signing of the signing proposal, accession to the international treaty implementation under the provisions of the Contracting Law, accession and implementation of the international treaty in 2005.
2. The unit of the Ministry of Public Security is assigned to the signing proposal, accession to the international treaty preparing the Government filing on the signing, accession to international treaties, the report of the Ministry of Public Security recommended by the Ministry of Justice, the Ministry of Foreign Affairs of the Ministry of Foreign Affairs. Show up.
3. The number of records recommended by the international treaty appraisal is 05 (the year) set, offering an examination of the international treaty draft as 1 (a) set.
4. Before the report proposed the leadership of the Ministry of Justice suggested, the State Department examined the case of signing the signing proposal, joining the international treaty, the proposed unit charged with transferring 1 (one) the case to the French case for examination by regulation at paragraph 1. This is the 13.
Article 15. The file recommended inspection of the international treaty, appraisal, examination of international agreement.
1. The filing offers to examine the draft of the international treaty, the appraisal, international agreement examination including:
a) The work required for appraisal, examination;
b) Proposition;
c) Draft the international treaty, the international agreement after having received the consultation to participate;
d) The general opinion of the participants, the copy of the works of consultation;
Plan to implement international treaties, international agreements;
e) Other documents are related.
2. The number of cases recommended for an international treaty draft test, the international agreement is 01 (one), the international agreement appraisal of 05 (year).
Article 16. The filing of the signing records, which joined the international treaty, was determined, examining the case of the signing of the international agreement.
1. The contents of the signing profile, which joined the international convention:
a) The test, the reference to the request for international cooperation on law in the protection of national security, safeguards, social safety in the function of the Ministry of Public Security;
b) The documents, documents needed in the filing of the signing of the signing, joined the international treaty;
c) The translation of the Vietnamese translation with the official language or the third language of the international treaty.
2. The content of the appraisal, examination of the signing of the international agreement signing:
a) Content appraisal of the signing of the international agreement includes the following key issues:
-The need for an international agreement.
-The base and the legal basis;
-Constitualization, legality, the suitability of the draft international agreement with relevant international treaties that Vietnam is a member and with the function, duties, powers of the Ministry of Public Security;
-The compliance with the procedure and the signing sequence;
-The feasibility of the international agreement;
-Assessment of political, economic, social and other impacts.
b) International agreement draft inspection:
-The reference to the request for international cooperation by the Ministry of Public Security;
-Examination of the Vietnamese language with the language of the country has an international agreement to sign the international agreement with the Ministry of Public Security.
Article 17. The responsibility of the proposal unit to sign, join the international treaty, sign the international agreement.
1. Send enough checklist, appraisal; provide information, documents, data related to the international treaty draft, the international agreement at the request of the appraisal unit, the test.
2. The presentation of the draft of international treaties, the international agreement when required.
3. Research on the acquisition, editing the draft on the basis of the appraisal opinion, examination.
4. Text by text of appraisal opinion, check
Article 18. The responsibility of the inspection, the appraisal of the French case.
1. The French case is responsible for examining the signing proposal record, joining the international treaty issued by the Public Security of Units, the Local Presiding Officer; the International Agreement on behalf of the Ministry of Public Security. The case of the review of the draft text that the international wish has not secured the content, form, or profile missing, requires the unit to propose a correction, complete text, or document addition.
2. The opinion of the test, the appraisal must be expressed in writing due to the leadership of the French case.
3. Time of inspection, an appraisal of no more than 15 (fifteen) days for the draft of the international treaty, the international agreement since the date of receiving sufficient provisions.
Article 19. Audit of the International Cooperation
1. The country ' s request for foreign affairs, in cooperation with foreign partners, reported, proposed the Minister for the signing of the international agreement with the foreign secretary.
2. Check out the preliminary profile on the signing of the International Agreement of the Ministry of Public Security on the provisions of the Ordinal Ordinal Ordination and the implementation of the 2007 international agreement and the regulation at this Smart.
3. Preparing for the procedures required for negotiation, formal signing, approval of the exchange of documents, ratites international treaties, international agreement ceremonies.
Chapter III
THE ORGANIZATION MAKES INTERNATIONAL TREATIES, THE INTERNATIONAL AGREEMENT IN THE PEOPLE ' S PUBLIC; THE PROPOSAL TO END THE FORCE, QUIT, WITHDRAW, SUSPEND ONLY THE WHOLE OR PART OF THE INTERNATIONAL TREATY; PROPOSE THE AMENDMENT, SUPPLEMENT OR RENEW, END THE EFFECT OR TEMPORARILY SUSPEND THE AGREEMENT. THE SUSPENSION OF THE INTERNATIONAL AGREEMENT
Article 20. The governing body for international treaties, the international agreement in the People ' s Public Security
1. The French case is the head agency of the Ministry of Public Security on international treaty work, international agreement work.
2. The responsibility of the lead agency:
a) In coordination with the planning units to plan the signing proposal, accession to the international treaty, the plan to conclude the international agreement of the Ministry of Ministers of the Minister for consideration, decision;
b) Help the Minister to manage, build a database on international treaties, international agreements; and international law.
c) Coordinated with the Public Security of Units, the local proposal of implementing an implementation of the international treaty reporting the Minister of Prime Minister to approve the plan to implement international treaties in the People's Security;
d) Coordinated, says the Public Security of Units, Local Organization to implement international treaties undertaken by the Public Security of Units, Local Contracting Proposals, accession; and coordination, the company of the Public Safety Council, local organization implementing the implementation of the conditions The international convention is related to the Public Security Works by ministries, the other sector presiding over the signing proposal, joining.
Article 21. The organization makes international treaties, international agreements.
1. Public Security of Units, Locally Proposed Contracting, joins the International Convention, proposes to sign an international agreement charged with presiding over the proposed implementation of the implementation of the implementation of the implementation of the international treaty, the international agreement in the People's Public Security.
2. Public Security of Units, Local, within the range of functions, duties, powers delivered, proposed the organization implementing the implementation of the international treaties involved in the Public Security due to ministries, the other industry presiding over the signing proposal, accession.
3. Every year, the United Nations Security Units report results on international treaties, the international agreement through the French case for general aggregate, the leadership of the review, the decision.
Article 22. Check out the implementation of international treaty work, international agreement work.
Every year, the Law of Presiding, in coordination with the Public Security of Units, the local implementation of the test, guidelines, sweep of the signing proposal, implementing international treaties, the international agreement in the People's Public Security; reports the leadership of the Department on Disposal. Violations in international treaty work, international agreements.
Article 23. The proposal to end the effect, abandon, withdrawal, suspend the whole or part of the international treaty.
1. In the process of implementing international treaties, if you see the need to amend, add, renew the international treaty, the proposed unit signing a coordinated international treaty with the French case reporting leadership of the agency, who has the authority to decide how to fix it. changes, partial additions, whole or renew international treaties.
2. The signing proposal unit, accession to the international treaty reporting leadership to the agency, who has the authority over the proposal to end the force, abandon, withdraw, suspend only the whole or part of an international treaty when the discovery sees the wish. It violates one of the principles of regulation at Article 3 of the Law of Signing, accession and implementation of the international treaty in 2005, or when the party's contracting parties recommend or severely violate the agreed content.
3. The proposed termination of effect, abandon, withdrawal, temporary execution of only all or part of the international implementation under regulation at the terms 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 96 Laws signed, joined and implemented the international convention. 2005.
Article 24. The proposal to modify, add or renew, terminate the effect or suspend the implementation of the international agreement.
1. During the implementation of the implementation of the international agreement, if the agreement is required or the agreement to sign the revised proposal, the addition, extension, effect of effect or a temporary suspension of the international agreement, the proposal to sign the international agreement in coordination with the French case. The report of the leadership report determines the amendment, addition, or extension, to the end of the effect or the temporary suspension of the international agreement.
2. The proposed unit signs the international agreement reporting leadership of the termination of the force or a temporary termination of an international agreement when the discovery of that international agreement violates one of the principles of regulation at Article 4 of the signing of the Agreement and the practice. The international agreement in 2007 or when foreign signage offers or severely violate the agreed content.
3. The procedure, the proposed procedure for modification, addition, extension, effect, or temporary termination of the implementation of the international agreement in accordance with the provisions of the article 26 and 27 Ordination of the Agreement, and the implementation of the 2007 international agreement.
Article 25. The guarantee budget for international treaty work, the international agreement work in the People ' s Public Security.
1. The guarantee budget for international convention work, the international agreement is guaranteed by the state budget and is deployed in the annual annual operating budget bill for the Public Security of Units, Local.
2. The management, use of the guarantee funding for international convention work, the international agreement in the People's Public Security is implemented under the current regulations.
3. The presiding finance bureau, in coordination with the Legal Affairs Bureau, the relevant unit of guidance, examination of the management, use of, the guarantee of funding guarantees for international treaty work, the international agreement in the People's Public Security.
Chapter IV
EXECUTION CLAUSE
Article 26. Performance Performance
It has been in effect since 1 January 2013.
Article 27. Responsibility for execution
1. The chief ministers, the Deputy Head of the Department, the Director of Public Security, Director of the Department of Fire and Healing Departments, the Central City, the agency, the unit, the individual who is involved in the responsibility of this private practice.
2. The French case is responsible for tracking, guiding and examining the implementation of this Information.
3. During the course of the exercise, if there is difficulty, entanging, the Public Security of Units, localities and agencies, organizations, individuals with regard to the Ministry of Public Security (through the Law of France) to have a timely guidance.

Minister.

(signed)

General Chen Kuang