ORDINANCE
conclusion and implementation of international agreements ___________

Based on the Constitution of the Socialist Republic of Vietnam in 1992, which was amended and supplemented under Resolution No. 51 / 2001 / QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
Based on Resolution No. 72/2006 / QH11 of November 29, 2006 by the XIth National Assembly, 10th session of the program to build laws and ordinances in 2007;
This Ordinance prescribes the competence, order and procedures for signing and implementing international agreements.

Chapter I General Provisions Article 1. Scope

adjust this Ordinance prescribes the competence, order and procedures for signing and implementation of international agreements on behalf of Parliament, the congressional offices and agencies of the National Assembly, the Supreme people's Court, people's Procuratorate Supreme State Audit, ministries, ministerial-level agencies, Government agencies (hereinafter referred to is the state agency at the central level); People's Council, People's Committees of provinces and centrally-run cities (hereinafter collectively referred to as provincial agencies); central bodies of political organizations - social, political and social organizations - professional, social organizations, social organizations - professional (hereinafter referred to as the central organ of the organization).
Article 2. The content of international agreements
1. An international agreement is the commitment in writing about international cooperation was signed on behalf of government agencies at the central, provincial agencies, central bodies of the organizations within the functions, tasks and rights his term with one or more foreign contracting parties, except the following:
a) Peace, security, border, territory and national sovereignty;
B) Basic rights and obligations of citizens and legal assistance;
C) To participate in international organizations, intergovernmental;
D) Official Development Assistance relation level State or Government of Vietnam;
E) other matters of state relations or Government level prescribed by law.
2. International agreement was signed with the name of the Agreement, the Memorandum, memoranda of agreement, minutes of exchange, cooperation program, a plan for cooperation or other names.
Article 3. Definitions
In this Ordinance the following terms shall be construed as follows:
1. Foreign Contracting Party is Congress, Congressional offices and agencies of the National Assembly, Supreme Court, Supreme Procuratorate, department, agency or agency of government equivalent; local government; foreign organizations.
2. Signed the legal acts by state agencies at the central, provincial agencies or central agencies of implementation, including the negotiation and signing or exchanged instruments constituting the international agreement's name of the agency for foreign contracting parties. 3
. Legal act is signed by the competent person or persons authorized to accept the implementation of binding international agreements for state agencies at the central, provincial authorities or the central authority of the organization dozen.
4. Exchange of instruments constituting an international agreement is the exchange of letters or other documents known to form a bilateral agreement between State agencies at the central, provincial agencies or its central authority officials and foreign contracting parties.
5. Invalidation of an international agreement is a legal act by state agencies at the central, provincial authorities or the central authority of the organization made to abandon the force of international agreements between agencies đú and foreign contracting parties.
6. Temporarily suspend the implementation of an international agreement is a legal act by state agencies at the central, provincial authorities or the central authority of the organization made to suspend implementation of the whole or part of the national agreement health between the agency and the foreign contracting party.
Article 4. Principles of signing and implementing international agreements
The signing and implementation of an international agreement must comply with the following principles:
1. Consistent with the national interests, the foreign policy of the Republic of socialist Vietnam; consistent with the principles of respect for national sovereignty, non-interference in the internal affairs of states and other basic principles of international law; consistent with international treaties which the Socialist Republic of Vietnam is a contracting party on the same field;
2. Accordance with the Constitution and laws of the Socialist Republic of Vietnam; matching functions, duties and powers of the bodies of international agreement; 3
. Ensuring the viability and effectiveness of the international agreement is signed;
4. Only binding for the agency has signed an international agreement; do not give rise to rights, international legal obligations of the State or the Government of Vietnam;
5. State agencies at the central, provincial agencies, central agencies have the responsibility of organizations to strictly implement the international agreement was signed on behalf of the agency, at the same time have the right to require signatory countries must also strictly implement the international agreement.
Article 5. State management over the conclusion and implementation of international agreements

Contents of State management over the conclusion and implementation of international agreements include:
1. To promulgate legal documents on the conclusion and implementation of international agreements;
2. Ensure the conclusion and implementation of international agreements in accordance with the law; 3
. Propagation and dissemination of the legislation on the conclusion and implementation of international agreements;
4. Statistical Organisation, hosting an international agreement;
5. Monitoring, inspection, inspection and handling violations of the provisions of the legislation on the conclusion and implementation of international agreements;
6. To settle complaints and denunciations related to the conclusion and implementation of international agreements
Article 6. State management agency on the conclusion and implementation of international agreements
1. Government unifies the State management over the conclusion and implementation of international agreements.
2. Ministry of Foreign Affairs is responsible before the Government for performing the state management of the conclusion and implementation of international agreements. 3
. State agencies at the central, provincial agencies and authorities external activities of the organization, within the scope of duties and powers, have to coordinate with the Ministry of Foreign Affairs shall manage Contracting State and implementation of international agreements.
Article 7. Forms accept binding international agreement
State agencies at the central, provincial authorities or the central authority of the organization to accept the constraints of international agreements in fact one of the following acts:
1. Signing international agreements;
2. Exchange of instruments constituting an international agreement; 3
. Other acts signed agreements with foreign parties.
Article 8. Language of the international agreement
1. International agreements must be written in Vietnamese, except where otherwise agreed between the parties of Vietnam and foreign contracting parties. Documents in Vietnamese must ensure the accuracy of the content and unity of form with a foreign-language text of an international agreement.
2. In the case of an international agreement was signed only in a foreign language, then the Vietnam shall translate international agreements which the Vietnamese.

Chapter II INTERNATIONAL AGREEMENT Section 1

INTERNATIONAL AGREEMENT ON BEHALF OF THE NATIONAL ASSEMBLY, CONGRESSIONAL OFFICES, AGENCIES ASSISTING THE NATIONAL ASSEMBLY
Article 9. authority to decide on the conclusion of an international agreement on behalf of Congress, congressional offices and agencies of the National Assembly
1. Chairman of the National Assembly, the head of the National Assembly, the head offices of the National Assembly to decide on the signing of an international agreement on behalf of Congress, Congressional offices and agencies of the National foul.
2. In case of divergent opinions between the agencies of the National Assembly or the assisting agency of the National Assembly and the agencies are consulted as stipulated in Clause 1 of Article 10 of this Ordinance, the authority of the National Assembly or the assisting agency of the National Assembly shall have the President of the National Assembly to decide on the signing of international agreements.
Article 10. Order and procedures for conclusion of international agreements in the name of Congress, Congressional offices and agencies of the National Assembly
1. Prior to the signing of an international agreement, Congressional offices and agencies of the National Assembly are responsible for comments written by the Foreign Relations Committee of the National Assembly, the Ministry of Foreign Affairs and agencies relating to cooperative activities under international agreements.
2. Consulted bodies specified in paragraph 1 of this Article shall have to reply in writing within seven working days from the date of receipt of the written opinion. 3
. Chairman of the National Assembly, the head of the National Assembly, the head offices of the National Assembly shall decide and conclude or authorize another person to sign an international agreement after receiving written replies words are consultation bodies specified in paragraph 1 of this Article.
4. In case of divergent opinions between the agencies of the National Assembly or the assisting agency of the National Assembly and the consulted bodies specified in paragraph 1 of this Article, the order and the procedure was carried out as follows: || | a) the office of the National Assembly or the assisting agency of the National Assembly shall submit to the National Assembly Chairman commenting on the signing of international agreements;
B) The Chairman of the National Assembly a written decision on the conclusion of an international agreement within seven working days from the receipt of the dossier by the agency of the National Assembly, of the National agency Assembly;
C) The head of the National Assembly, the head offices of the National Assembly shall proceed to conclude or authorize another person to sign an international agreement after the decision to agree in writing Chairman of the National Assembly of the provisions in this paragraph b.
5. After signing an international agreement, Congressional offices and agencies of the National Assembly shall have to report to the President in writing to the National Assembly, also sent Foreign Relations Committee of the National Assembly, the Ministry of Foreign Affairs star international agreement was signed to notice. Section 2

INTERNATIONAL AGREEMENT ON BEHALF OF THE PEOPLE THE SUPREME COURT, PROCURACY SUPREME PEOPLE, THE STATE AUDIT

Article 11. Competence to decide on the conclusion of an international agreement on behalf of the Supreme People's Court, People's Procuratorate Supreme State Audit
Chief Justice of the Supreme People's Court, Director of the Institute of the Supreme people's Procuracy, the State Auditor General shall decide on the signing of an international agreement on behalf of the Supreme people's Court, people's Procuratorate Supreme State Audit.
Article 12. The order and procedures for signing international agreements on behalf of the Supreme People's Court, People's Procuratorate Supreme State Audit
1. Before concluding an international agreement, the Supreme People's Court, People's Procuratorate Supreme State Auditor responsible for comments written by the foreign affairs committee of the National Assembly, Ministry of Foreign Affairs and agencies related to cooperative activities under international agreements.
2. Consulted bodies specified in paragraph 1 of this Article shall have to reply in writing within seven working days from the date of receipt of the written opinion. 3
. Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy, the State Auditor General shall decide and conclude or authorize another person to sign an international agreement after receiving written replies words are consultation bodies specified in paragraph 1 of this Article.
4. In case of divergent opinions between the Supreme People's Court, Supreme People's Procuracy or the State Audit high and the consulted bodies specified in paragraph 1 of this Article, the order and the procedure is carried as follows:
a) the Supreme people's Court, people's Procuratorate Supreme State Auditor shall submit to the National Assembly Standing committee for comments on the signing of international agreements;
B) Standing Committee for a written opinion on the conclusion of an international agreement within seven working days from the receipt of the dossier by the Supreme People's Court, Procuratorate the Supreme people's Procuracy, the State Audit;
C) the opinion of the Standing Committee of the National Assembly prescribed in Clause This is the basis for the Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy, the State Auditor General decides and proceed to conclude or authorize another person to sign international agreements.
5. After signing an international agreement, the Supreme People's Court, People's Procuratorate Supreme State Auditor shall report to the National Assembly Standing Committee in writing, and sent Foreign Relations Committee National Assembly, Ministry of Foreign Affairs copies of international agreements have been signed to notice. Section 3

INTERNATIONAL AGREEMENT ON BEHALF OF MINISTRIES, AGENCIES AND THE AGENCIES ATTACHED TO THE GOVERNMENT
Article 13. Competence to decide on the conclusion of an international agreement on behalf of the ministry, level agencies, Government agencies
ministers, heads of ministerial-level agencies, heads of government agencies decide the signing of an international agreement on behalf of ministries, ministerial-level agencies, agencies Goverment.
Article 14. The order and procedures for signing international agreements on behalf of ministries, ministerial-level agencies, Government agencies
1. Before concluding an international agreement, ministries, ministerial-level agencies, Government agencies responsible for comments written by the Ministry of Foreign Affairs and agencies related to cooperative activities under the agreement such international.
2. Consulted bodies specified in paragraph 1 of this Article shall have to reply in writing within seven working days from the date of receipt of the written opinion. 3
. Ministers, heads of ministerial-level agencies, heads of government agencies decide and conclude or authorize another person to sign an international agreement after receiving the written replies of the consultation bodies is defined in paragraph 1 of this Article.
4. In case of divergent opinions between ministries, ministerial-level agencies or government bodies and agencies are consulted as stipulated in paragraph 1 of this Article, the order and the procedure was carried out as follows:
a) ministries, ministerial-level agencies, agencies attached to the Government shall submit to the Prime Minister commenting on the signing of international agreements;
B) the Prime Minister for a written opinion on the conclusion of an international agreement within seven working days from the receipt of the dossier submitted by ministries, ministerial-level agencies, Government agencies the government;
C) the opinion of the Prime Minister specified in Clause This is the basis for the ministers, heads of ministerial-level agencies, heads of government agencies decide and conclude or authorize for another person to sign international agreements.
5. After signing an international agreement, ministries, ministerial-level agencies, government agencies are responsible for reporting to the Prime Minister in writing, and sent the State Department a copy of the international agreement signed to notice. Section 4

INTERNATIONAL AGREEMENT ON BEHALF OF PROVINCIAL BODIES Article 15. Competence
decide the signing of an international agreement on behalf of provincial agencies
Heads provincial authorities decided the signing of an international agreement on behalf of the provincial authorities.

Article 16. The order and procedures for signing international agreements on behalf of provincial agencies
1. Before concluding an international agreement, the provincial agency responsible for comments written by the Ministry of Foreign Affairs and agencies related to cooperative activities under international agreements.
2. Consulted bodies specified in paragraph 1 of this Article shall have to reply in writing within seven working days from the date of receipt of the written opinion. 3
. The head of the provincial authorities decide and conclude or authorize another person to sign an international agreement after receiving a written reply from the consulted bodies specified in paragraph 1 of this Article.
4. In case of divergent opinions between the provincial authorities and agencies are consulted as stipulated in paragraph 1 of this Article, the order and the procedure was carried out as follows:
a) provincial agency responsible the Prime Minister responsible for opinions on the signing of international agreements;
B) the Prime Minister for a written opinion on the conclusion of an international agreement within seven working days from the receipt of the dossier by the provincial authorities;
C) the opinion of the Prime Minister specified in Clause This is the basis for the head of the provincial authorities decide and conclude or authorize another person to sign international agreements.
5. After signing an international agreement, the provincial authorities are responsible for reporting to the Prime Minister in writing, to the Ministry of Foreign Affairs and copies of international agreements have been signed to notice. Section 5

INTERNATIONAL AGREEMENTS SIGNED ON BEHALF OF THE CENTRAL AGENCY ORGANISATION Article 17. Competence
decide the signing of an international agreement on behalf of the central authorities of the institution | || The head of the central organ of the organization to decide on the signing of an international agreement on behalf of the central authorities of the organization after obtaining the consent in writing of the authorities' external activities of the organization .
Article 18. The order and procedures for signing international agreements on behalf of the central authorities of the organization
1. Before the authorities' external activities of the organization on the conclusion of an international agreement, the central authority of the organization are responsible for comments written by the Ministry of Foreign Affairs, the state agency management areas of cooperation and organizations related to cooperation activities under international agreements.
2. Agencies and organizations are consulted as stipulated in paragraph 1 of this Article shall have to reply in writing within seven working days from the date of receipt of the written opinion. 3
. Central Authority of the organization managing the agency's foreign operations held for comments on the signing of an international agreement after receiving the written reply of the agencies and organizations are consulted regulations in paragraph 1 of this Article.
4. Management agencies external activities of the organization for a written opinion on the conclusion of an international agreement on behalf of the central authorities of the institution within seven working days from the receipt of the dossier by central bodies of the organization.
5. The head of the central bodies of the organizations decide and conclude or authorize another person to sign an international agreement after obtaining the consent in writing of the agency managing their external activities organizations specified in paragraph 4 of this Article.
6. After signing an international agreement, the central organ of the organization responsible authorities reported external activities of the organization in writing, and copies sent to the Ministry of Foreign Affairs international agreement was signed to notice. Section 6

RECORDS AND RECORDS CONSULTATION ON THE SIGNING OF INTERNATIONAL AGREEMENTS Article 19. Profile
consulted on the conclusion of an international agreement
Profile grab reviews of agencies and organizations concerned about the signing of an international agreement stipulated in Clause 1, Article 10, Clause 1, Article 12, Clause 1, Article 14, paragraph 1 of Article 16 and paragraph 1 of Article 18 of this Ordinance including:
1. A written proposal on the conclusion of an international agreement, clearly stating the request, the purpose of the signing of international agreements; the main content of international agreements; assess the impact of the international agreement to be concluded in terms of political, economic, social and other impacts; assessment of compliance with the provisions of Article 2 and Article 4 of this Ordinance;
2. Texts of international agreements in Vietnamese and foreign languages; in the case of an international agreement was signed only in a foreign language must have the translation of international agreements in Vietnamese attached; 3
. The other necessary documents.
Article 20. Profile of the signing of the international agreement
dossier submitted for comments on the conclusion of an international agreement stipulated in Clause 4, Article 10, paragraph 4, Article 12, paragraph 4, Article 14, paragraph 4 of Article 16 and paragraph 3 of Article 18 of this Ordinance include:

1. A written proposal on the conclusion of an international agreement, clearly stating the request, the purpose of the signing of international agreements; the main content of international agreements; assess the impact of the international agreement to be concluded in terms of political, economic, social and other impacts; assessment of compliance with the provisions of Article 2 and Article 4 of this Ordinance; problems have different opinions between agencies and organizations concerned, if any;
2. writing reviews of agencies and organizations specified in Clause 2, Article 10, Clause 2, Article 12, Clause 2, Article 14, paragraph 2 of Article 16 and paragraph 2 of Article 18 of this Ordinance; 3
. Texts of international agreements in Vietnamese and foreign languages; in the case of an international agreement was signed only in a foreign language must have the translation of international agreements in Vietnamese attached;
4. The other necessary documents. Chapter III IMPLEMENTATION


INTERNATIONAL AGREEMENTS Article 21. Validity of an international agreement
1. International agreements take effect as stipulated in the international agreement document that.
2. In the case of an international agreement does not provide for effective, international agreement that takes effect as agreed between the Vietnam and foreign contracting parties.
Article 22. Archive of international agreements
State agencies at the central, provincial agencies and central agencies of the organization responsible for storing the original international agreement under the provisions of storage legislation.
Article 23. Duplication of international agreements
1. State agencies at the central, provincial agencies and central agencies of the organization responsible corpus of international agreements in effect sending the relevant units under the authority of the central government, the the provincial or central authorities of the institution to implement international agreements.
2. In the case of an international agreement was signed only in a foreign language, government agencies at the central, provincial agencies and central agencies of the organization responsible enclosed by Vietnamese translations of international agreements that fact.
Article 24. Publication of international agreements
international agreement was signed on behalf of government agencies at the central, provincial authorities or the central authority of the organization is publicly available, unless otherwise agreed between the Vietnam and foreign contracting parties or otherwise decided by state agencies authorized.
Article 25 Organization of implementation of international agreements
1. State agencies at the central, provincial agencies, central bodies of the organizations within the duties and powers assigned to responsible organizations to strictly implement the international agreements which they have signed and also require foreign contracting parties to strictly abide by international agreements.
2. The implementation of international agreements must not violate the principles defined in Article 4 of this Ordinance.
Article 26. To amend, supplement or extension of international agreements
1. Persons competent to decide on the signing of international agreements stipulated in Articles 9, 11, 13, 15 and 17 of this Ordinance are competent to decide on the amendment, supplement or extension of such international agreements.
2. The order and procedures for amendment, supplement or extension of international agreements are conducted similar order and procedures for signing international agreements provided for in this Ordinance. 3
. After the amendment, supplement or extension of international agreements, government agencies at the central, provincial authorities or the central authority of the institution to notify the Ministry of Foreign Affairs on the amendment, supplement or term international agreement.
Article 27. Termination or suspension effective implementation of international agreements
1. International agreements may be invalidated or suspended the implementation of the following cases:
a) Under the provisions of the international agreement or by agreement between the Vietnam and signatory foreign;
B) In the process of implementing an international agreement is breached one of the rules specified in Article 4 of this Ordinance;
C) When the foreign contracting a serious violation of international agreements.
2. The order and procedure for invalidation or suspension of the implementation of international agreements are conducted similar order and procedures for signing international agreements provided for in this Ordinance. 3
. Persons competent to decide on the signing of international agreements stipulated in Articles 9, 11, 13, 15 and 17 of this Ordinance are competent to decide invalidation or suspension of the implementation of international agreements dirty.
4. After the decision invalidated or suspended implementation of international agreements, government agencies at the central, provincial authorities or the central authority of the organization are responsible for notifying signatory countries external validity of the termination or suspension of the implementation of international agreements.
5. After an international agreement is terminated or suspended effective implementation, state agencies at the central, provincial authorities or the central authority of the institution to notify the Ministry of Foreign Affairs of the invalidation or suspension of the implementation of such international agreements.
Chapter IV

AGENCY RESPONSIBILITIES OF CENTRAL STATE AGENCIES AND BODIES PROVINCIAL CENTRAL ORGANIZATION IN THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 28. Responsibility of management agencies in the conclusion and implementation of international agreements
1. In performing the state management of the conclusion and implementation of international agreements, the Foreign Ministry has duties and powers as follows:
a) To be responsible to the Government for performing state management conclusion and implementation of international agreements under the provisions of Article 5 of this Ordinance;
B) coordinate with the concerned agencies to report periodically to the Government every year or at the request of the conclusion and implementation of the international agreements, ministerial-level agencies, Government agencies government and provincial authorities.
2. In the conclusion and implementation of international agreements, foreign affairs committee of the National Assembly dominated by the National Assembly Standing Committee carried out the duties and powers of the following:
a) Guidelines and the conclusion implementation of international agreements by agencies of the National Assembly or the assisting agency of the National Assembly, the Supreme people's Court, people's Procuratorate Supreme State Audit;
B) Report to Congress, inform the Government and the Ministry of Foreign Affairs annually or as required for the conclusion and implementation of international agreements by agencies of the National Assembly or the assisting agency of the National Assembly, the Supreme people's Court, people's Procuratorate Supreme State Audit. 3
. In the conclusion and implementation of international agreements, management agencies external activities of the organization are the duties and powers of the following:
a) To chair and coordinate with concerned agencies towards led to the signing and implementation of international agreements of the organization;
B) To observe the regime of periodical reports annually or as required by the authority competent superiors and inform the Government, the Ministry of Foreign Affairs on the conclusion and implementation of international agreements central bodies of the organization.
Article 29. Responsibilities of state agencies at the central, provincial agencies, central bodies of the organization
Within the tasks and powers assigned state agencies at central , provincial agencies, central bodies of the organization are responsible for the following:
1. Ensuring compliance and strict implementation of international agreements by the agency that has signed;
2. Develop long-term plans, annual plans on the conclusion and implementation of international agreements to the Ministry of Foreign Affairs to monitor and report to the Prime Minister; The annual plan is submitted no later than November 15 of last year; 3
. Organize the copying, publication, dissemination and popularization of international agreements that it has signed agency, except where international agreements are not allowed to be disclosed under an agreement between the Vietnam and foreign contracting parties or by decision of state agencies authorized;
4. Implementation of the measures necessary to protect the rights and interests of agencies signed an international agreement in the event of an international agreement was signed on behalf of the agency are violated;
5. Report on the conclusion and implementation of international agreements with the competent authority provided for in Articles 9, 11, 13, 15 and 17 of this Ordinance at the latest on November 15 each year; concurrently to the State Department to monitor and report to the Prime Minister. The report should clearly state the difficulties and advantages and suggest specific measures to strictly implement the international agreements signed and improve the efficiency of international cooperation.
In the case of requests, State agencies at the central, provincial authorities or the central authority of the organization are responsible for reporting on the conclusion and implementation of international agreements with agencies authorized pursuant to articles 9, 11, 13, 15 and 17 of this Ordinance.
Article 30. Monitoring of the conclusion and implementation of international agreements
1. The National Assembly Standing Committee to supervise the implementation of the Ordinance on the conclusion and implementation of international agreements.
2. Foreign Relations Committee chair and coordinate with the Council of Nationalities, the other congressional committees overseeing the implementation of the Ordinance on the conclusion and implementation of international agreements. 3
. The delegation of the National Assembly, the National Assembly, People's Councils of provinces and cities under central authority shall be responsible overseeing the signing and implementation of international agreements in accordance with the law.
Article 31. Handling of violations
Agencies, organizations and individuals that commit acts of violating the provisions of this Ordinance shall be handled in accordance with law. Chapter V


IMPLEMENTING PROVISIONS Article 32 Funds for the conclusion and implementation of international agreements
1. Funds for the conclusion and implementation of international agreements on behalf of state agencies at the central, provincial authorities secured from the state budget for regular activities of state agencies at the central and agencies provincial and other funding sources.
2. Funds for the conclusion and implementation of international agreements on behalf of the central authorities of the organization secured funding from the central offices of the organization and other funding sources.
Article 33. Effect

1. This Ordinance shall be effective from July 1, 2007.
2. Decree No. 20/2002 / ND-CP dated 20 May 02, 2002 the Government of the conclusion and implementation of international agreements of the provinces and cities directly under the central government, political organizations - social, nest civil society and social organizations - professional of the Republic of Vietnam Socialist lapsed from the date of entry into force of this Ordinance. /.