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Ordinance 25-Lct/hđnn8: About The Signing And Implementation Of The International Treaties Of The Republic Of Vietnam Socialist

Original Language Title: Pháp lệnh 25-LCT/HĐNN8: Về Ký kết và thực hiện điều ước Quốc tế của nước Cộng hoà xã hội chủ nghĩa Việt Nam

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ORDINANCE On signing and implementing international treaties of the Republic of Vietnam Socialist to make foreign policy, serving the construction and protection of the nation, strengthen the friendship and cooperation between the Socialist Republic of Vietnam with the countries and the peoples of the world , contributes to the protection of international peace and security;
To ensure the implementation of international commitments of adjustment;
Pursuant to article 14 and Article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the conclusion and implementation of international treaties of Vietnam Socialist Republic.
 
Chapter I GENERAL PROVISIONS article 1 the international treaties of the Republic of Vietnam Socialist.
1-the international treaties of the Socialist Republic of Vietnam including treaties, conventions, Convention, agreement, Protocol, to the agreement, the Exchange and other international legal documents signed between the Socialist Republic of Vietnam with one or more countries, international organizations or other subjects of international law.
2-international treaties of Vietnam Socialist Republic signed with the name;
a) State of the Socialist Republic of Vietnam;
b) Government of Socialist Republic of Vietnam;
c) ministries, State committees, other bodies in the Council of Ministers, the Supreme People's Court, the Supreme People's Procuracy, (hereinafter the Agency).
Article 2 principles of signing international treaties.
The Socialist Republic of Vietnam signed treaties with other countries and international organizations on the basis of respect for independence, sovereignty, territorial integrity of countries, non-interference of each other's internal affairs, equality and mutual benefit, in accordance with the law and international practices.
 
CHAPTER II SIGNED the INTERNATIONAL TREATY article 3 proposed the signing of international treaties.
The proposed signing of international treaties is conducted as follows;
1-international peace treaties, sovereignty, security, borders, the national territory; on the rights and obligations of citizens due to the Foreign Ministry to propose and the Council of Ministers after the opinion of the authorities.
2-the international treaties in the areas of economy, culture, science-technical-level agency by the proposed sector and the Council of Ministers after Foreign Ministry comments.
3-draft international treaties containing provisions contrary to the law of the Socialist Republic of Vietnam to the opinion of the Ministry of Justice before submission to the Council of Ministers.
Article 4 jurisdiction to decide on the signing of international treaties.
1-the State Council decision on the signing of international treaties the Republic Vietnam and the Socialist International treaties containing provisions contrary to the law or Ordinance.
2-the Council of Ministers decision on the signing of international treaties with the nomenclature of the Republican Government of Socialist Vietnam.
3-level agency heads decided the signing of international treaties grant the Agency the industry after the State Council or the Council of Ministers.
Article 5 authorisation to negotiate and sign international treaties.
1-the Chief negotiator and signed international treaties must be empowered;
a) Of the State Council, when negotiated and signed with the name of the State;
b) Of the Council of Ministers, when negotiated and signed with the name of the Government. The Foreign Minister confirmed the authorization of the Council of Ministers, unless the President of the Council of Ministers directly signed authorisation;
c) Of industry-level agency heads, as negotiated and signed with the name of the Agency industry.
2-the Foreign Ministry do the procedure authorized by the State Council, the Council of Ministers and guide the granting agency's authorization level.
Article 6 the negotiations and sign international treaties do not need authoritative paper.
1-Under the authority and its functions, the President of the Council of State, the President of the Council of Ministers, the Minister of Foreign Affairs does not need authorization certificate when negotiating and signing international treaties.
2-level agency heads do not need authorization certificate when negotiating and signing international treaties grant the Agency industry.
3-the heads of diplomatic missions of the Socialist Republic of Vietnam in a foreign or international organization side paper not needed authorization when negotiating with countries or with international organisations relevant text of international treaties; but when signing international treaties that they must have the authorization certificate under the provisions of article 5 of this Ordinance.
Article 7 ratification of international treaties.
1-international treaties must be ratified as the Treaty says in paragraph 1 of article 4 of this Ordinance and the terms of international treaties regulating the ratification.
2-ratification of international treaties under the jurisdiction of the State Council, except the State Council see need the Congress to decide.
3-the ratification of international treaties by the Agency proposed the signing of the cooperation with the Ministry of Foreign Affairs recommended the Council of Ministers the Council of State.
4-after a ratification decision, the Foreign Ministry diplomatic procedures of ratification of international treaties and notify authorities start date of effect of international treaties.
Article 9 approval of international treaties.
1-international treaties must be ratified international treaties are signed with the name of the Government or industry-level agencies in behalf of which terms regulating the approval.
2-approval of international treaties under the jurisdiction of the Council of Ministers.
3-The approval of international treaties by the Agency proposed the signing of the treaties of the Council of Ministers.
4-after the approval decision, the Foreign Ministry diplomatic procedures on the approval of international treaties and notify authorities start date of effect of international treaties.
Article 9 joining the Convention of many international sides.
1-the State Council decision on the accession treaties many parties have ratified the terms or terms against the law or Ordinance. The Council of Ministers decided to join many international treaties on the other side.
2-many international treaties related to field-level agencies in the industry, the agency that studies suggest the accession and in collaboration with the Ministry of Foreign Affairs made the newspaper the State Council or the Council of Ministers.
3-after the decision of the State Council or by the Council of Ministers, Ministry of Foreign Affairs diplomatic procedures about joining many international treaties and notify authorities start date of effect of international treaties.
Article 10 reserved for many international treaties.
With regard to international treaties several parties should reserve the terms, the authorities must clearly request and content reserve that, when applying for registration, approval, approval or accession.
 
CHAPTER III IMPLEMENTATION of TREATIES article 11 compliance with international treaties.
1-the Socialist Republic of Vietnam strictly comply with the international treaties to which Vietnam has signed, requires the contracting party must also strictly comply with the international treaties signed with Vietnam.
2-the Council of Ministers steering organization and urge the implementation of the international treaties of the Republic of Vietnam Socialist. The Ministry of Foreign Affairs to help the Council of Ministers in performing this task.

3-levels, the industry, the authorities have the responsibility to fulfill the obligations of its functions in relation to international treaties were signed, at the same time requires the other parties to fulfill their obligations to ensure the rights and interests of the Socialist Republic of Vietnam in international treaties.
4-in the case of international treaties was the Contracting Party with serious violation of Vietnam, the Agency proposed the signing of the cooperation with the Foreign Ministry recommendations up the Council of Ministers the necessary measures consistent with international law in order to protect the rights and interests of Vietnam Socialist Republic.
5-each period, according to regulations or as requested, the Agency granted the industry to report up the Council of Ministers, the Council of State or the Congress on the implementation of international treaties was signed, at the same time inform the Foreign Ministry to follow up.
6-in case the implementation of international treaties require a supplement, amend or enact laws of the Socialist Republic of Vietnam shall supply relevant industry bodies are responsible for coordinating with the Department of Justice recommendations of the supplement, amend or enact laws that.
Article 12 amendment, addition or renewal of international treaties.
1-the Agency proposed the signing, after the opinion of the Ministry of Foreign Affairs, proposed the addition, modification or renewal of international treaties have been signed to the State Council or the Council of Ministers to consider and decide.
2-after the decision of the State Council or by the Council of Ministers, the Agency proposed the signing of the cooperation with the Ministry of Foreign Affairs diplomatic procedures about the amendment, addition or renewal of international treaties.
3-the Foreign Ministry informed authorities the effect of the amendment, addition or renewal of international treaties.
Article 13 publication of international treaties.
1-the Council of State decision on the publication of the international treaties signed with the name of the State; The Council of Ministers decide on the publication of other international treaties.
2-the Foreign Ministry directly or in collaboration with the Agency proposed the signing of petitions with the State Council, the Council of Ministers the announced international treaties and conduct the publication.
3-international treaties are published in the Gazette and on the mass media.
Article 14 suspension of validity or cancellation of international treaties.
1-the Council of State decision on the suspension of the effect or cancel international treaties signed with the name of the State or by the Council of State decision on the signing, ratification, or accession.
2-the Council of Ministers decided to suspend the validity or cancellation of international treaties signed with the name of the Government and of international treaties signed with the name of the Agency industry.
3-to propose the signing of petitions up the Council of Ministers the suspension or cancellation of international treaties, following the opinion of the Foreign Ministry.
4-the Foreign Ministry directly or coordinate with authorities about the foreign procedures to suspend the validity or cancellation of international treaties and notify authorities effective date of the suspension or cancellation.
Article 15 liability of the Standing Committee of the National Assembly.
According to their functions, the legal Committee, Foreign Affairs Committee and the other permanent committees of Parliament is responsible for reviewing, making assessment of the international treaties submitted to the National Assembly or the Council of State decision on ratification, nullification or cancellation effect.
Article 16 international treaties archives and documents relating to international treaties.
1-the Foreign Ministry of unification management and store all the original treaties of Vietnam Socialist Republic, the approval documents, approval certificate, authorization and other related documents.
2-level agencies have a responsibility transferred to the Ministry of Foreign Affairs original signed international treaties.
Article 17 exemplify international treaties.
The Foreign Ministry exemplify international treaties have been concluded to send Congress and the Office of the State Council, the Office of the Council of Ministers and other authorities.
Article 18 sign international treaties.
The Foreign Ministry to conduct the registration in the United Nations Secretariat or in the respective bodies of other international organizations, the international treaties to which the Socialist Republic of Vietnam is a Contracting Party.
Article 19 legal international treaties.
The Foreign Ministry took charge of the legal function of international treaties in the case of the Socialist Republic of Vietnam is legal.
CHAPTER IV FINAL PROVISIONS article 20 The previous provisions contrary to this Ordinance are repealed.
Article 21 of the Council of Ministers detailing the implementation of this Ordinance.