Advanced Search

Ordinance 07/1998/pl-Ubtvqh10: About The Signing And Implementation Of International Treaties

Original Language Title: Pháp lệnh 07/1998/PL-UBTVQH10: Về ký kết và thực hiện điều ước quốc tế

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
ORDINANCE On signing and implementing international treaties To strengthen friendship and cooperation between the Socialist Republic of Vietnam with the countries and the peoples of the world, contributing to the cause of peace and international cooperation, made the task of building and defending the homeland;
To ensure the enforcement of serious international commitment and strengthen the governance of the international treaties to which the Socialist Republic of Vietnam is a Contracting Party;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the National Assembly, the second session of the program building laws and ordinances in 1998;
This Ordinance regulates the Socialist Republic of Vietnam signed and implement international treaties, chapter I GENERAL PROVISIONS article 1. Scope 1. This Ordinance applies to the negotiation, signing, ratification, accession, approval, publication, legal, implementation, modification, addition, suspension and removal of international treaties to which the Socialist Republic of Vietnam is a Contracting Party.
2. the Socialist Republic of Vietnam signed international treaties with the following meanings: a) the State;
b) Government;
c) Supreme People's Court, the Supreme People's Procuracy;
d) ministries, ministerial agencies, government agencies (hereinafter referred to as the Department).
Article 2. Explanation of terms In this Ordinance, the terms below are interpreted as follows: 1. "the international treaties to which the Socialist Republic of Vietnam is a Contracting Party", hereinafter referred to as international treaties, is the written agreement was concluded between the Socialist Republic of Vietnam and one or more countries , international organizations or other subjects of international law, does not depend on the name such as treaties, conventions, Convention, agreement, Protocol, assigning and nominal signing prescribed in clause 2 1 of this Ordinance.
2. "Attorney" is the text of the State bodies are competent to designate a representative of the Socialist Republic of Vietnam made one or more legal acts relating to the conclusion of international treaties.
3. "signed" is the competent State bodies to implement these legal acts from the negotiation, signing, ratification, approval or accession to international treaties when it takes effect.
4. "ratification" is the legal acts by Congress or the President to make, accept the validity of international treaties signed with respect to the Socialist Republic of Vietnam.
5. "approval" is legal acts performed by the Government, accepting the validity of international treaties signed with respect to the Socialist Republic of Vietnam.
6. "joined" is legal acts by Congress, the President or the Government made, accept the validity of international treaties several parties with respect to the Socialist Republic of Vietnam.
7. "reserve" is the unilateral declaration of the Socialist Republic of Vietnam launched when signed, ratified, approved or joined many international treaties, the parties intended to exclude or alter the legal effect of one or some of the provisions of international treaties when applied to Vietnam.
8. "suspension effect" is the statement of the Socialist Republic of Vietnam on the suspension made the whole or a part of international treaties have been signed.
9. "removal" is the statement of the Socialist Republic of Vietnam from removing the effect of international treaties have been signed.
Article 3. The principle of signing international treaties 1. International treaties are signed on the basis of respect for independence, sovereignty, territorial integrity of countries, non-interference in each other's internal affairs, equality and mutual benefit, in accordance with the basic principles of international law and the provisions of the Constitution of the Socialist Republic of Vietnam.
2. International treaties were signed in the unity of ranks prescribed in paragraphs 2, 3 and 4 of article 4 of this Ordinance. International treaties are signed with the name in the lower level were not contrary to international treaties were signed with the name of the higher level.
Article 4. Classification of treaties 1. The name and title of the international treaties signed by the parties to the agreement are determined depending on the nature and content of the text.
2. International treaties were signed with the name of the State is the Convention: a) for peace, security, borders, territories, national sovereignty;
b) On basic rights and duties of citizens, on judicial assistance;
c) About the universal international organization and organization of important areas;
d) Do the parties signing the agreement.
3. International treaties were signed with the name of the Government is the Convention: a) To implement an international treaty was signed with the name of the State;
b) About the fields not specified in clause 2 of this Thing;
c) Of the international organization and other regional organizations;
d) Do the parties signed the agreement, but not contrary to the provisions in paragraph 2 of this Article.
4. International treaties by the Supreme People's Court, the Supreme People's Procuracy is signing the Treaty in the field of international cooperation under the authority of the Supreme People's Court, the Supreme People's Procuratorate.
5. International treaties were signed with the name of the Ministry of industry, is the Convention: a) To implement an international treaty was signed with the name of the State or Government;
b) in the field of State management under the authority of ministries, except where that field is defined in clause 2 and 3 of this article.
 
CHAPTER II SIGNED the INTERNATIONAL TREATY article 5. The proposal to negotiate and sign international treaties 1. The negotiation and signing of international treaties in the field of governance of the ministries are ministries that proposed and the Government, after the comments by the Foreign Ministry and other relevant ministries.
2. The negotiations and sign international treaties on peace, security, borders, the national territory and the international treaties have important content by the Ministry of Foreign Affairs or the Ministry of industry, proposals and managing the Government.
3. In the process of negotiating and signing the proposal, if international treaties containing provisions contrary to or not yet specified in the legal texts by the National Assembly, the Standing Committee of the National Assembly enacted, the proposed agency specified in clause 1 and 2 this must take the opinion of the Ministry of owners and industry comments, appraisal by the Ministry of Justice. Writing assessment, the opinions of the relevant ministries and the Agency's comments suggest the Government should be reviewed and the report of the National Assembly Committee for comments. Committee on the National Assembly to report to Congress about his comments at the most recent session.
4. The text proposed for negotiations and sign international treaties should include the following content: a) the request, the purpose of the register of international treaties and the basic content of the international treaties on the rights, obligations of Vietnam;
b) reviews the impact of the political, economic, social, financial and other implications;
c) review compliance with the provisions of article 3 of this Ordinance and the provisions of the law;
d) comments of the Ministry of Foreign Affairs and other relevant ministries;
DD) name and title of signing international treaties, the representative, the language, the effect, including temporary validity and duration of international treaties;
e) The problem should please comments.
Draft international treaties must be send attached the text proposed for negotiations and sign international treaties.
Article 6. The Authority decided to negotiate and sign international treaties 1. The President decided to negotiate and sign international treaties with the name of the State.

2. The Government decided to negotiate and sign international treaties with the nominal Government.
3. The Committee of the National Assembly decided the Supreme People's Court, the Procuratorate of the Supreme staff personnel negotiations and sign international treaties, following the opinion of the Government.
4. The Heads of ministries decided to negotiate and sign international treaties with the nomenclature of the ministries after Prime Minister allows.
5. within 30 days from the date of the proposed negotiating and signing international treaties, the competent agency specified in clause 1, 2, 3 and 4 of this decision about whether to allow or not allow negotiations and sign international treaties.
6. The decision to negotiate and sign international treaties including the following content: a) the designation of international treaties and nomenclature;
b) representatives and the authority of the representative in the negotiation and signing;
c) language and effect, including temporary, effect of international treaties;
d) comments on the content of international treaties and other necessary matters.
Article 7. Negotiating and signing international treaties do not need authoritative paper 1. State President, Prime Minister, Minister of Foreign Affairs does not need authorization certificate when negotiating and signing international treaties.
2. The Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy, heads of ministries do not need authorization certificate when negotiating and signing international treaties with the nomenclature of the ministries.
3. Heads of diplomatic missions or the Permanent Representative delegation of the Socialist Republic of Vietnam in addition to the international organization does not need authorization certificate when negotiating with countries or with international organisations relevant text of international treaties but when signing international treaties must be the authoritative paper in accordance with article 8 of this Ordinance.
Article 8. Authorized to negotiate and sign international treaties 1. The Chief negotiator and the international treaties signed with the name of the State must be authoritative.
2. The Chief negotiator and the international treaties signed with the name of the Government must be the authoritative Government.
3. The Chief negotiator and the international treaties signed with the name of the Supreme People's Court, the Supreme People's Procuratorate to be Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate authorized.
4. The Chief negotiator and signed international treaties with the nomenclature of the ministries must be the authoritative department heads.
5. After having decided to allow negotiations and sign international treaties and recommendations in writing to the Agency's proposed signing international treaties, Ministry of Foreign Affairs working paper and the President's authorization of the Prime Minister; procedures to confirm the authorization of the Government; Guide to the granting of the authorization of the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate and heads of ministries.
Article 9. Recommend approval or approval 1. Within 15 days from the date of signing international treaties, signed by the proposed agency to report on the content of international treaties and propose ratification or approval in accordance with the international treaties and the law of the Socialist Republic of Vietnam.
2. proposed text approved or approval must include the following: a) reviews the impact of the absence of international treaties for Vietnam;
b) the recommendations on the ratification or approval;
c) comments of the ministries departments in case of need;
d) content reserve (if any).
The text of international treaties signed must be send attached the text approved or recommended for approval.
Article 10. Ratified international treaties 1. International treaties must be ratified as the treaties: a) is specified at points a and b of paragraph 2 of article 4 of this Ordinance;
b) Have left or terms not yet specified in the legal text of the Parliament, the Committee of the National Assembly and the President of the country;
c) related to the proposed State budget approved by the Government;
d) Has approved terms.
2. The President decided to ratify international treaties, except in case of need the Congress to decide.
3. The Agency proposed the signing of international treaties in coordination with the Foreign Ministry suggested the Government the President ratified international treaties. Within 30 days from the date of the proposed ratification, President for comments in writing regarding the ratification of international treaties.
4. within 15 days from the date a decision is approved, the Ministry of Foreign Affairs diplomatic procedure of ratification of international treaties and to notify the authorities about the validity of the Treaty.
Article 11. Approval of international treaties 1. International treaties are signed with the name of the Government or the name of the ministries to be approved is the Convention: a) Has approved regulations terms;
b) Have left or terms not yet specified in the legal text of the Government.
2. The approval of international treaties under the authority of the Government.
3. The approval of international treaties signed by the proposed agency to coordinate with the Foreign Ministry of the Government decision. Within 30 days from the date of approval of the proposal, the Government for comments in writing on the approval of international treaties.
4. within 15 days from the date of the decision of approval, the Ministry of Foreign Affairs diplomatic procedure of approval of international treaties and to notify the authorities about the validity of the Treaty.
Article 12. Join the many treaties 1. Many international treaties related to the field of the Ministry of industry, managing the ministries would then propose the joining under the procedure specified in article 5 of this Ordinance.
2. The President decided to join international treaties several nominal State parties with international treaties, many parties have left or terms not yet specified in the legal text of the National Assembly or the Standing Committee of the National Assembly and the many international treaties ratified by specified parties unless the Congress needs to decide.
The Government decided to join many international treaties on the other side.
3. within 30 days from the date of receiving the proposal, the President or the Government for writing comments about joining international treaties several parties.
4. the proposed text joined many international treaties on the right include the content specified in paragraph 4 of article 5 of this directive accompanied by the following documents: a) official texts of international treaties and Vietnamese translations;
b) documents related to international treaties include: the list of parties joining international treaties; additional or modified text (if available); reserve, declared; necessary legal procedures.
5. within 15 days from the date of the decision to join the Ministry of Foreign Affairs diplomatic procedure to join international treaties and notify the relevant ministries about the validity of the Treaty.
Article 13. Language international treaties 1. Two international treaties on the right with text by Vietnamese, unless the agreement between the parties. Vietnamese text to be the Foreign Ministry for comments before submission to the Government.
2. With regard to international treaties was signed only in a foreign language, when proposed or entered and before exemplify, the Agency proposed the signing of that Treaty translation responsibility out to Vietnamese and exchange with the Foreign Ministry to against the signing of the language of the Convention.
Article 14. The form of the text of international treaties

The text of international treaties signed with the name of the State, the name of the Government must be attached to the floating seal Poker of the Foreign Ministry, if signed in the domestic or foreign representative offices of Vietnam, if foreign, unless agreed otherwise between the parties.
Article 15. Reserve for international treaties 1. With regard to international treaties several parties that the terms need to be saved, when the State Agency has the authority to decide on the signing, ratification, approval or accession, the Agency proposed the signing must clearly state the request and the content.
2. Content of the reserves must be drafted into writing the State bodies are competent to decide on the signing, ratification, approval or accession, after the comments by the Foreign Ministry and other relevant ministries.
3. Content of the reserves must be stated in the documents joined or confirm the ratification documents in or approval.
Article 16. Withdrawal of reservations to international treaties 1. When the proposed withdrawal, the Agency proposed the signing of responsible research, recommended the withdrawal of reservations with the State Agency was deciding the signing, ratification, approval or accession after the comments by the Foreign Ministry, the Ministry of Justice and the ministries departments.
2. proposed text draws reserves must include the following: a) content reserve suggest withdrawal;
b) the legal basis and the requirements of the withdrawal of reservations;
c) the opinion of the Ministry of Foreign Affairs, the Ministry of Justice and the ministries departments.
The text of international treaties must be send attached the text suggest withdraw.
3. State authorities decided the signing, ratification, approval or accession to international treaties to consider, decide to withdraw the reservations within 30 days from the date of the withdrawal proposal.
4. within 15 days from the date of the decision on the withdrawal of reservations, the Foreign Ministry to conduct the procedure of withdrawal of foreign reserves and to notify the authorities about the effect of the withdrawal of reservations.
Article 17. The effect of international treaties, international treaties in force for the Socialist Republic of Vietnam under the provisions of the main international treaties or other agreements between the parties, including rules on temporary effect.
 
CHAPTER III ANNOUNCED, LEGAL INTERNATIONAL TREATY Article 18. International treaties archives 1. The Ministry of Foreign Affairs Management, archive the original international treaties either side or of official texts of international treaties several parties that the Socialist Republic of Vietnam has signed, approved texts, approval and other relevant texts.
2. the proposed agency signed to transfer to the Ministry of Foreign Affairs of the original treaties and official text of international treaties several parties within 15 days from the date signed or joined.
Article 19. Exemplify international treaties immediately after the international treaties in force, the State has the responsibility to exemplify international treaties submitted to the Office of Parliament, the Office of the President, Office of the Government and the relevant ministries.
Article 20. Announced international treaties 1. International treaties be published unless agreed otherwise between the parties or other decision of the President or the Government.
2. Within 15 days from the effective date, international treaties the provisions in clause 1 of this article published in the Official Gazette of the Socialist Republic of Vietnam.
3. Directory of international treaties by the Ministry of Foreign Affairs compiled and published.
Article 21. Register of international treaties, Ministry of Foreign Affairs to conduct the registration at the Secretariat of the United Nations or other international organizations in the international treaties to which the Socialist Republic of Vietnam is a Contracting Party.
Article 22. Legal international treaties, Ministry of Foreign Affairs to help the Government make legal function of international treaties several sides in the case of the Socialist Republic of Vietnam is the country legal.
 
CHAPTER IV DONE Something TREATIES 23. Compliance with the international treaties of the Socialist Republic of Vietnam strictly comply with the international treaties that have been signed, simultaneously requires the Contracting Party are also strictly comply with the international treaties that have been signed with the Socialist Republic of Vietnam.
Article 24. Ensure the implementation of international treaties 1. The Agency proposed signing the Government plans to implement the international treaties that have been signed, which stated the progress made, the measures of organization, management, finance and other proposals to ensure the implementation of international treaties.
The Supreme People's Court, the Supreme People's Procuratorate must report the National Committee on the implementation of the international treaties that have been signed.
2. The relevant ministries in the scope, duties and their powers have a responsibility to implement international treaties to which the Socialist Republic of Vietnam has signed.
3. In the case of international treaties are violated, the Agency proposed the signing of relevant State agencies or in collaboration with the Ministry of Foreign Affairs Government of the recommendations of the measures necessary to protect the rights and interests of the Socialist Republic of Vietnam.
4. Every year, and when required, the Agency proposed the signing of, the relevant State agencies have reported the Government text, the President of the country on the implementation of international treaties have been signed, and sent the Foreign Ministry to follow up.
5. In the case of the implementation of international treaties requiring amendment, addition, cancellation or enact legal text of the Socialist Republic of Vietnam, the signing of the proposed agency, relevant State agencies have a responsibility to themselves or recommendations with the competent State organs timely modify , addition, cancellation or issued legal documents that in accordance with the Law promulgated legal documents.
Article 25. Modification, addition or renewal of treaties 1. The State Agency has the authority to decide the negotiation and signing of international treaties the provisions in article 6 of this directive have the right to decide on the amendment, addition or renewal of international treaty under the authority of its decision.
The State Agency has approved or ratified international treaties have the authority to modify, supplement or extend with respect to international treaties that have been ratified or approved.
2. When requesting a modification, addition or renewal of international treaties, signed by the proposed agency must obtain the opinion of the Foreign Ministry and other relevant ministries and the competent State bodies specified in paragraph 1 of this article.
Within 30 days from the date of the proposed amendment, addition or renewal of international treaties, the competent State agencies must decide in writing.
3. The text proposed amendment, addition or renewal of international treaties should include the following content: a) the purpose, requirements and the effect of the amendment, addition or renewal of international treaties;
b) legal basis of the modification, addition or renewal of international treaties;
c) comments by the Foreign Ministry and relevant ministries;
d) content of the proposed amendment.
The text of international treaties must be send attached the text of proposed amendment, addition or renewal of international treaties.
4. After the decision of the competent State bodies specified in paragraph 1 of this article, the Agency proposed the signing of the cooperation with the Ministry of Foreign Affairs made the revision, addition or renewal of international treaties in force and notified under the provisions of this Ordinance.
Article 26. The base suspension effect and repeal international treaties

1. International treaties can be suspended or abrogated in the following cases: a) the main provisions of the Convention;
b) when there is a breach of the principles signed stipulated in article 3 of this Ordinance or the Convention being Contracting Party to another serious violation.
2. The suspension of the effect and repeal international treaties is conducted in accordance with the provisions of the law of the Socialist Republic of Vietnam, law and international practices.
Article 27. The Authority decided the suspension effect and repeal international treaties 1. Congress decided the suspension of the validity of international treaties ratified by the National Assembly or the decision to join and abolish international treaties according to the proposal of the President.
2. The President decided the suspension of the validity of international treaties are signed with the name of the State, international treaties ratified by the President or decide to join international treaties and by the Supreme People's Court, the Supreme People's Procuratorate.
3. The Government decision on the suspension of the validity of international treaties are signed with the name of the Government and of international treaties are signed with the name of the ministries.
Article 28. Recommendations on the suspension or removal effect of international treaties 1. The Agency proposed the signing of the Government on the proposal to suspend the validity or annul international treaties, following the opinion of the Ministry of Foreign Affairs, the Ministry of Justice and the ministries departments. After receiving the proposal, the competent State bodies specified in article 27 of this Ordinance to have comments in writing on the suspension of validity or annul international treaties.
2. The text of the recommendation to suspend the validity or annul international treaties should include the following content: a) reason, the legal basis of the suspension of validity or annul international treaties;
b) comments by the Foreign Ministry and other authorities;
c) legal consequences and recommendations related to the suspension of validity or annul international treaties.
The text of international treaties must be send attached the text of the recommendation to suspend the validity or annul international treaties.
3. within 15 days from the date of the decision of the Congress, the President or the Government, the Ministry of Foreign Affairs diplomatic procedure regarding the suspension of validity or annul international treaties and notify the authorities.
Article 29. Explain the content of international treaties 1. The content of international treaties be interpreted consistent with the international law on the interpretation of international treaties.
2. While performing, if there is a different understanding about the content of the international treaties, signed by the proposed agency is responsible to suggest the interpretation of international treaties and the Government decided, after comments by the Foreign Ministry.
3. Authority to interpret international treaties: a) the Standing Committee of the National Assembly to explain international treaties approved by Congress and international treaties containing provisions contrary to or not yet specified in the legal texts by the National Assembly, the Standing Committee of the National Assembly;
b) Government explained the international treaties are signed with the name of the State and Government behalf;
c) Supreme People's Court, the Supreme People's Procuratorate interpreting international treaties by the Supreme People's Court, the Supreme People's Procuracy signed;
d) ministries to explain the international treaties are signed with the name of the ministries.
4. within 15 days from the date of the decision of the competent State bodies about the interpretation of international treaties the provisions in paragraph 3 of this article, the Ministry of Foreign Affairs diplomatic procedure of interpretation of international treaties.
 
Chapter V the STATE MANAGEMENT of SIGNING and IMPLEMENTING INTERNATIONAL TREATIES article 30. State management content about signing and implementing international treaties state management content about signing and implementing international treaties include: 1. The promulgation of the legal text about the signing and implementation of international treaties;
2. The organization and ensure the implementation of international treaties;
3. Advocacy, dissemination and guidelines for implementing the law on conclusion and implementation of international treaties;
4. State statistics on international treaties;
5. Organizing the archives, legal international treaties;
6. Monitoring, testing, inspection and process violated the provisions of the law on conclusion and implementation of international treaties;
7. Complaints, accusations related to the conclusion and implementation of international treaties.
Article 31. State Administration about signing and implementing international treaties 1. The unified Government Administration about the signing and implementation of international treaties within the country.
2. Ministry of Foreign Affairs has the responsibility to help the Government implement state management functions on signing and implementing international treaties.
3. The ministries, ministerial agencies, government agencies in the scope of its powers, duties and coordinate with the Foreign Ministry made the management of the State on signing and implementing international treaties.
Article 32. Oversee the signing and implementation of the International Convention of the Assembly, the Committee of the National Assembly, the Council of the nation, the committees of Congress within the scope of its powers, duties of monitoring the conclusion and implementation of international treaties.
Article 33. Handle violation of agencies, organizations, individuals with violations of the provisions of this Ordinance will be dealt with according to the provisions of the law.
 
CHAPTER VI Article 34 ENFORCEMENT TERMS. The international agreement of the central cities, and of the socio-political organizations, social organizations and social-professional organization the Government enacted separate provisions on the conclusion and implementation of international agreements of the central cities, and of the political-social organizations , social organizations and social-professional organization of the Socialist Republic of Vietnam.
Article 35. Effective enforcement of this Ordinance has effect from the date of publication and replaces the Ordinance on signing and implementing international treaties of the Republic of Vietnam Socialist on October 17, 1989.
The Government detailing and guiding the implementation of this Ordinance.