Chương I Luật Điều ước quốc tế 2016: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for conclusion, reservation, amendment, supplementation, extension, termination, denunciation, withdrawal from, suspension of application, deposit, keeping custody, making of certified copies of, publication, registration and conduct of implementation of a treaty.

Article 2. Definition

For the purpose of this Law, the terms used herein shall be construed as follows:

1. Treaty refers to any written agreement concluded in the name of the State or Government of Socialist Republic of Vietnam with foreign signatories which creates, changes or terminates rights or obligations of the Socialist Republic of Vietnam governed by international laws, regardless of whatever its particular designations including, inter alia, treaty, convention, pact, covenant, protocol, understanding and exchange of notes.     

2. A treaty to which the Socialist Republic of Vietnam is a party refer to any international agreement that remains in force with the Socialist Republic of Vietnam.

3. Foreign signatory refers to any State, international organization or other entity is recognized as a subject of international law.  

4. International organization refers to an inter-governmental organization.

5. Conclusion refers to a legal act performed by a competent person or authority, including negotiation, signature, ratification, approval of and accession to a treaty, or exchange of instruments constituting a treaty.

6. Signature refers to a legal act performed by a competent person or duly authorized representative, including signature of a treaty without being subject to ratification or approval, and signature of a treaty subject to ratification or approval.

7. Initialling refers to a legal act performed by a competent person or duly authorized representative to confirm that the text of a treaty that the Socialist Republic of Vietnam intends to sign is the final one which has been agreed upon with foreign signatories.

8. Ratification refers to a legal act performed by the National Assembly or State President to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

9. Approval refers to a legal act performed by the Government to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

10. Accession refers to a legal act performed by the National Assembly, State President or Government to establish the consent of the Socialist Republic of Vietnam to a multilateral treaty in the event that it has not signed that treaty, regardless of whether it has entered into force.

11. Exchange of instruments constituting a treaty refers to the exchange of letters, notes or instruments named otherwise to constitute a bilateral treaty between the Socialist Republic of Vietnam and foreign signatories.   

12. Consent to be bound by a treaty refers to a legal act performed by a competent authority, person or duly authorized person to formally express the commitment of the Socialist Republic of Vietnam to a treaty, including signature of a treaty without being subject to ratification or approval, or signature of a treaty subject to ratification or approval, exchange of instruments constituting a treaty, concession a treaty or any other act as agreed upon with foreign signatories.    

13. Full powers refers to a written confirmation whereby the person is designated by a competent authority to represent the Socialist Republic of Vietnam to perform one or a series of legal act(s) in relation to negotiation and signing of a treaty.  

14. Credentials refers to a written confirmation issued by a competent authority whereby one or more persons is(are) designated to represent the Socialist Republic of Vietnam to international conferences to perform one or more legal act(s) in relation to the negotiation, adoption of the text of a treaty or the implementation of the provisions of a treaty.  

15. Reservation refers to a statement made by the Socialist Republic of Vietnam or a foreign signatory when signing, ratifying, approving or acceding to a multilateral treaty, whereby it purports to preclude or modify the legal effect of one or certain provision(s) of the treaty.

16. Termination of a treaty refers to a legal act performed by the National Assembly, the State President or the Government to denounce the effect of a treaty to which the Socialist Republic of Vietnam is a party.

17. Suspension of the operation of a treaty refers to a legal act performed by the National Assembly, the State President or the Government to suspend the operation of the whole or part of a treaty to which the Socialist Republic of Vietnam is a party.

18. Denunciation of or withdrawal from a treaty refers to a legal act performed by the National Assembly, the State President or the Government to denounce the consent of the Socialist Republic of Vietnam to be bound by a treaty.

Article 3. Principles of conclusion and operation of treaties

1. Compliance with the Constitution of Socialist Republic of Vietnam.

2. Respect for and observance of national independence, sovereignty, integrity, prohibition of the use or threat of force, non-interference in the domestic affairs of each other, equality, mutual interests and other fundamental principles of international law.

3. Protection of national and human interests, and conformity with diplomatic policies of the Socialist Republic of Vietnam.

4. Compliance with a treaty to which the Socialist Republic of Vietnam is a party.

Article 4. The name under which a treaty is concluded

1. A treaty shall be concluded under the name of the State in the following cases:

a) A treaty is directly signed by the State President with the Head of other State; 

b) A treaty relates to wars, peace, and national sovereignty of the Socialist Republic of Vietnam;

c) A treaty relates to the establishment of, participation in an international and regional organization where the establishment of, participation in and withdrawal from that organization may affect fundamental policies on diplomatic relations, national defence, security, socio-economic development, finance and currency;

d) A treaty changes, limits or terminate human rights, and substantive rights and obligations of citizens under laws and resolutions of the National Assembly;

dd) A treaty is concluded under the name of the State by agreement with any foreign signatory.

2. A treaty shall be concluded under the name of the Government in the following cases:

a) Any treaty is not subject to Clause 1 of this Article;

b) A treaty is concluded under the name of the Government by agreement with any foreign signatory.

Article 5. Language and form of a treaty

1. A bilateral treaty must have a text in Vietnamese language, unless otherwise agreed with foreign signatories.

2. In cases where a treaty is signed in various languages, texts so written shall have the similar effect, unless otherwise agreed with foreign signatories.

3. In cases where a treaty is signed only in foreign languages, a Vietnamese translation of such treaty is required in the proposal submitted to conclude such treaty. 

4. In cases where the Socialist Republic of Vietnam reserves, accepts or objects to reserving, of foreign signatories, the statement on a multilateral treaty, the proposal shall be required to include draft documents relating to such reservation and statement made in Vietnamese language and a foreign language used for notifying the depositary of such multilateral treaty.

5. The original text of a bilateral treaty for the Vietnam party must be printed on treaty paper, bound with covers by using the format adopted by the Ministry of Foreign Affairs, unless otherwise agreed upon with a foreign signatory.

Article 6. Treaties and provisions of domestic laws

1. In cases where a legal document and a treaty to which the Socialist Republic of Vietnam is a party, contains different provisions on the same matter, the provisions of the treaty shall prevail, except the Constitution.

2. On the basis of the requirements, contents and nature of a treaty, the National Assembly, the State President or the Government, when deciding to consent to be bound by the treaty, shall also decide on the direct application of the whole or part of the treaty to natural, judicial or other entities in case the provisions of the treaty are express and specific enough for implementation; or decide or propose to amend, supplement, cancel or promulgate legal documents for the implementation of the treaty.

Article 7. Supervision of conclusion and implementation of treaties

1. The National Assembly, the National Assembly Standing Committee, the Ethnic Council, the National Assembly’s Committees, National Assembly deputies' delegations and individual National Assembly deputies shall, within their responsibilities and jurisdiction, supervise conclusion and implementation of treaties.

2. The process and procedure for supervising conclusion and implementation of treaties shall comply with laws and regulations on the National Assembly’s supervisory operations.