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The Decree 182-Hđbt: Detailing The Implementation Of The Ordinance On Signing And Implementing International Treaties Of The Socialist Republic Of Vietnam

Original Language Title: Nghị định 182-HĐBT: Quy định chi tiết thi hành Pháp lệnh về Ký kết và thực hiện điều ước quốc tế của Cộng hoà xã hội chủ nghĩa Việt nam

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The DECREE of the COUNCIL of MINISTERS regulates in detail the implementation of the Ordinance on signing and implementing international treaties of Vietnam Socialist Republic.
 
The COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
Basing the Ordinance about the signing and implementation of the international treaties of Vietnam on October 17, 1989;
According to the recommendation of the Minister of Foreign Affairs.
 
DECREE: article 1.
1. The ministries, State committees, other bodies in the Council of Ministers to negotiate and sign international treaties with the nominal Government must report the Ministerial Council decision; If the negotiation and signing of international treaties with nominal level must report allows the President the Council of Ministers. When not allowed, was not signed.
2. The ministries, State committees, other bodies in the Council of Ministers to negotiate and sign international treaties with the nomenclature of the State must report the President of the Council of Ministers to the Council of State decision.
3. The representative of the international treaties signed with the name of the State and the Government is the Ministry, with the nominal level is the head of the industry. The case of signing international treaties abroad that we did not send representatives to go sign the authorization for the Ambassador or the country's representative in the country.
Article 2.
1. The name of the international treaties, depending on the nature and content of the signing issue (economic, cultural, scientific and technical) between the parties that determines the form of the text.
2. International treaties either side or the right side has a text by Vietnamese, except for a few special cases have a separate agreement with the other side. In such cases, after the signing, the signing of the proposed agency must translate international treaties which the Vietnamese out.
Article 3.
1. Ministry of Foreign Affairs is the focal agency exchange of draft treaties with foreign countries or international organizations. Upon receipt of the proposal or draft international treaties of foreign countries or international organizations, Ministry of Foreign Affairs moved the proposal, or the draft Treaty to The relevant departments for consideration.
2. The relevant sectors, based on its function, on the needs and possibilities of cooperation of Vietnam, proactive proposals advocated negotiations, signing and coordination with other relevant agencies in the formulation of the draft text.
3. The Agency proposed the signing before the Council of Ministers must take the opinions of Foreign Affairs, the Ministry of Justice and the relevant departments in writing.
4. The event please sign in or join international treaties several parties, the governing body must coordinate with the Foreign Ministry to learn the necessary information such as: main text of international treaties, the additional text edit, list of participants, the reserves and claims of the parties to the , as well as the other legal procedures.
Article 4. -The proposed text signed international treaties must be: 1. the Newspaper stated: the request, the purpose of the conclusion of international treaties.
The basic content of the draft: the rights and obligations of the US, especially the financial obligations.
Name of the Convention intended to sign the international treaties: between two State, two Governments or two.
Name, title of person authorized to sign.
2. The draft international treaties of Vietnam.
3. comments by the Foreign Ministry, the Ministry of Justice, the ministries departments.
Article 5.
1. Based on the text of the State Council or the Council of Ministers, the Agency proposed the signing of contact with the Foreign Ministry made an authoritative paper and prepare the necessary procedures for the signing ceremony.
2. Ministry of Foreign Affairs to prepare an authoritative paper of the State Council when negotiating international treaties, signed with the name of the State and prepare the authoritative paper of the Council of Ministers when negotiations, signing of treaties with nominal Government.
3. The Minister of Foreign Affairs signed the authorization of the Council of Ministers when negotiations, signed the treaties the Government if people sign in and equivalent levels.
The Foreign Ministry instructed the authorization granting procedures when negotiating, signing treaties with the nominal level.
4. Except in the case of the authoritative exemption says in paragraph 1 article 6 of Ordinance on signing and implementing international treaties of Vietnam; the other representatives are only allowed to sign international treaties when the paper authorisation stipulated in this article.
Article 6.
1. Subject to the agreement of the Contracting Party, the international treaties can be signed off. Before you sign off or Registrar, Vietnamese text must be carefully reviewed and reconciled with a foreign language.
2. In the process of negotiations if there are changes in the basic content compared with the draft was then prepared the signing official sign off or only be taken after the consent of the authority.
3. All international treaties of Vietnam signed with the name of the State and foreign Governments with nominal must be mounted hydraulic seal; If the sign in the water, the seal of the Ministry of Foreign Affairs, foreign, the stamp of the Embassy of the country in the country, except the signing procedure of the country otherwise.
Article 7.
1. The Agency proposed the signing of international treaties within 2 weeks after signing must report the President of the Council of State or the President of the Council of Ministers the results of negotiations and signed; file the original signed treaties about the Foreign Ministry archives, attached on the other side of the Attorney.
2. where the authorization for the Ambassador or advocate or representative delegation of the Socialist Republic of Vietnam signed the Treaty in the foreign, the signer is responsible for the report and send the original signed treaties about the Foreign Ministry within the time limit. The Foreign Ministry reports the President of the Council of Ministers and the relevant industry announcement of results the conclusion.
Article 8.
1. With regard to international treaties or the Government departments have stipulated the procedure of approving the proposed agency signed the international treaty to the Council of Ministers for approval.
2. Within 2 weeks after the Treaty was approved, the Ministry of Foreign Affairs diplomatic procedures of approval.
Article 9.
1. With regard to international treaties, or nominal terms of treaties contrary to the law or Ordinance, the Agency proposed the signing of international treaties are with the Foreign Ministry, the Ministry of Justice to unify opinions before the President of the Council of Ministers proposed the State Council approval.
2. once international treaties are ratified, the foreign mail exchange procedures to ratify (the Treaty the two sides) or approved for legal bodies (Convention of many sides).
Article 10.
1. Ministry of Foreign Affairs has the responsibility to exemplify international treaties submitted to the authorities to monitor or enforce within 3 weeks after the international treaties in force.
2. The Agency proposed the signing of international treaties based on the content and the specific situation, can petition the State Council or the Council of Ministers adopted the measures necessary to ensure the enforcement of Vietnam's international commitments.
3. In the case of the implementation of international treaties require a supplement, amend or enact new laws, the Agency proposed the signing of international treaties are responsible for coordinating with the Foreign Ministry, the Ministry of Justice of the Council of Ministers or the Council of Ministers report the State Board review decision.

4. The Agency proposed the signing of international treaties to report the implementation of international treaties signed over the Council of Ministers or the Council of State (if the Treaty is signed with the name of the State), and inform the Ministry of Foreign Affairs periodically every year or when required.
The Agency proposed the signing of international treaties are responsible for coordinating with the Foreign Ministry monitored the implementation of international commitments for Vietnam of the other Contracting Party and promptly propose measures aimed at protecting the rights of Vietnam when the Contracting Party of the breach.
Article 11. -Minister of Foreign Affairs is responsible for guiding and monitoring implementation of this Decree.
Article 12. -This Decree shall take effect from the day of promulgation. The previous provisions contrary to this Decree are repealed.
The Minister, Chairman of the State Committee, the heads of other bodies in the Council of Ministers is responsible for the implementation of this Decree.