Chương II Luật Điều ước quốc tế 2016: Kí kết điều ước quốc tế

Chapter II

CONCLUSION OF TREATIES

Section 1. NEGOTIATION OF TREATIES

Article 8. Powers to make recommendations on negotiation of treaties

1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, Ministries, Ministry-level agencies and governmental bodies (hereinafter referred to as the recommending agency) shall, to the extent of their respective legally-established duties and powers and the requirements of international cooperation, submit their recommendations to the Government for consideration of the State President on the negotiation of a treaty under the name of the State and submit their recommendation for consideration of the Prime Minister on the negotiation of a treaty under the name of the Government.

2. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and the Ministry of Public Security as well as other relevant entities in making recommendations on the negotiation of treaties on war, peace and national sovereignty.

Article 9. Preparations for negotiation of treaties

1. The recommending agency shall be responsible for making arrangements for the negotiation of treaties and carry out the following activities:

a) Conduct the preliminary assessment of political, national defence, security, socio-economic and other impacts of treaties;

b) Conduct the preliminary review of applicable laws, regulations and treaties to which the Socialist Republic of Vietnam is a party in the same sector, and make comparison with the main contents of the treaty to be proposed for negotiation;

c) Request opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities for submission to competent authorities to make their decisions on negotiation of treaties.

2. Authorities or organizations from which opinions are requested as provided in Point c Clause 1 of this Article shall be responsible for making written replies within a period of 15 days of full receipt of the written request for opinions.  

Article 10. Powers to decide the negotiation of treaties

1. The State President shall decide negotiation, full powers for negotiation, policy on negotiation and termination of negotiation of treaties under the name of the State.

2. The Prime Minister shall decide negotiation, full powers for negotiation, intention of negotiation and termination of negotiation of treaties under the name of the Government.

Article 11. Recommendation dossiers submitted for negotiation of treaties

1. Recommendation dossiers submitted for negotiation of treaties are composed of the followings:

a) The recommending agency’s recommendation which expressly specifies necessity, requirements and purposes of treaty negotiation; main contents of treaties; preliminary assessment of political, national defence, security, socio-economic and other impacts of treaties; results of preliminary review of applicable laws and regulations and treaties to which the Socialist Republic of Vietnam is a party in the same sector, and comparison with main contents of treaties proposed for negotiation; any suggestion on negotiation and full powers for negotiation;

b) Opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities; report on the responses to opinions from agencies or organizations and suggestions for necessary actions.

2. In the case of request for termination of negotiation of a treaty, the recommendation dossier must include the draft treaty expressing the plans for termination of such negotiation.

Article 12. Conduct of negotiation of treaties

1. The Government shall be authorized by the State President to act on behalf of the State to conduct the negotiation of treaties. The Prime Minister shall take charge of conducting negotiation of treaties for the Government.

2. Pursuant to the decision of the competent authority referred to in Article 10 hereof, the recommending agency shall undertake and cooperate with relevant agencies or organizations in development and submission to the Prime Minister of negotiation plans and draft treaties for Vietnam and composition of negotiation delegation.

3. The recommending agency shall take charge of holding consultations with those directly affected by treaties during the negotiation process.

4. The recommending agency must report to the Prime Minister on a timely basis about any issues arising during the negotiation process and propose any actions to be taken.

5. The State President and the Government shall be responsible for reporting to the National Assembly, the National Assembly's Standing Committee on the negotiation of treaties within the ratification jurisdiction of the National Assembly.

Section 2. RECOMMENDATION ON SIGNATURE OF TREATIES

Article 13. Powers to make recommendations on signature of treaties

1. Subject to duties, powers and requirements of international cooperation, the agency referred to in Article 8 hereof shall submit recommendations to the Government for the State President's consideration of decision on signature of treaties under the name of the State or to the Government for its decision on signature thereof under the name of the Government.

2. Before making recommendations on signature of treaties, the recommending agency must hold consultations with any relevant agencies or organizations or collect examination opinions from the Ministry of Foreign Affairs as well as inspection opinions from the Ministry of Justice.

3. In cases where relevant agencies or organizations have had opinions on negotiation of treaties but draft treaties proposed for signature have unchanged contents in comparison with the negotiations allowed by competent authorities, the recommending agency shall call for examination opinions from the Ministry of Foreign Affairs, inspection opinions from the Ministry of Justice but shall not be necessarily hold consultations with other relevant agencies or organizations.

4. Any agency or organization from which opinions are requested as provided in Clause 2 of this Article shall be responsible for making written replies within 17 days from full receipt of required dossiers or within the period referred to in Clause 1 Article 18 and Clause 1 Article 20 hereof. 

Article 14. The National Assembly Standing Committee's giving opinions on signature of treaties

1. Before making a decision on signing a treaty that has its provisions which are inconsistent with or are not provided by any law and resolution of the National Assembly, or has its provisions inconsistent with any ordinance or resolution of the National Assembly Standing Committee, or a treaty which is subject to amendment, denunciation, adoption of laws or resolutions of the National Assembly, ordinances or resolutions of the National Assembly Standing Committee, the authority in the exercise of authority to decide to sign treaties provided in Clause 1 and 2 of Article 15 hereof shall request the National Assembly Standing Committee for any opinion. This shall not apply to the treaty subject to the ratification jurisdiction of the National Assembly as provided in Clause 1 Article 29 hereof.

2. The Government shall make a decision on signature of the treaty, subject to opinions from The National Assembly Standing Committee.

Article 15. Powers and contents of the decision on signature of treaties

1. The State President shall decide signature of treaties under the name of the State.

2. The Government shall decide signature of treaties under the name of the Government.

3. The decision on signature of treaties must be expressed in a written form, including the following contents:

a) Designation, form and name under which a treaty is signed;

b) Representative and representative’s authority for the signature of a treaty;

c) Reservations, acceptance of or objection to reservations of foreign signatories, and statement with respect to a multilateral treaty;

d) Responsibilities of the recommending agency, the Ministry of Foreign Affairs and relevant entities;

dd) Decision on direct application of the whole or part of a treaty; decision or proposal to amend, denounce or issue legislative documents for implementation of a treaty. This shall not apply to the treaty subject to the ratification or approval provided in Article 28 and 37 hereof.

Article 16. Contents of the proposal for signature of treaties

1. Necessity, requirements and purposes of the proposal for signature of a treaty. 

2. Main contents of a treaty.

3. Designation, form, the name under which the treaty is signed, signing representative, language, entry into force, manner of entry into force, duration of effect and temporary application of a treaty.

4. Rights and obligations arising from a treaty for the Socialist Republic of Vietnam.

5. Assessment of compliance with principles referred to in Article 3 hereof.

6. Recommendation on reservations, acceptance of or objection to such reservations of foreign signatories, and statements with respect to a multilateral treaty.

7. Assessment of direct application of the whole or part of a treaty; decision or proposal to amend, denounce or issue legislative documents for implementation of a treaty.

8. Contentious issues between the recommending agency and any relevant agency or organization, or between Vietnam and any foreign signatory, and suggestion for necessary actions to be taken.

Article 17. Dossiers submitted for proposal for signature of treaties

1. The proposal submitted by the recommending agency as provided in Article 16 hereof.

2. Examination opinions from the Ministry of Foreign Affairs, inspection opinions from the Ministry of Justice and opinions from relevant entities; report on the responses to opinions from agencies or organizations and suggestion for necessary actions; proposed plans for implementation of treaties.

3. The report on assessment of political, national defence, security, socio-economic and other impacts of treaties.

4. The report on compatibility of the treaty proposed for conclusion with the treaty made in the same sector to which the Socialist Republic of Vietnam is a party.

5. The report on conformity of provisions of a treaty with those of Vietnamese laws.

6. The texts of a treaty.

Article 18. Responsibility of the Ministry of Foreign Affairs for examining treaties

1. The Ministry of Foreign Affairs shall be responsible for examining a treaty within 15 days of full receipt of required dossiers referred to in Article 19 hereof or within 30 days where an Examination Council is established in accordance with Clause 3 of this Article.

2. The followings shall be examined in a treaty:

a) Necessity, purposes of conclusion of a treaty defined on the basis of assessment relationship between Vietnam and any foreign signatory;

b) Assessment of conformity of provisions of a treaty with fundamental principles of international laws;

c) Assessment of conformity of a treaty with national, human interests and diplomatic policies of the Socialist Republic of Vietnam;

d) Assessment of compatibility of the treaty proposed for conclusion with the treaty made in the same sector to which the Socialist Republic of Vietnam is a party;

dd) Designation, form, the name in which the treaty is signed, level of authority to sign the treaty, language, entry into force and wording techniques of a treaty;

e) The compliance with the order and procedures for making recommendations on the signature of a treaty;

g) The consistency of the treaty text written in Vietnamese language with the one written in any foreign language.

3. With respect to a treaty including important and complex provisions, the Minister of Foreign Affairs shall establish an Examination Council to examine that treaty.

An Examination Council for examination of a treaty shall be composed of a representative from the Ministry of Foreign Affairs, the Ministry of Justice and Government Office and other relevant entities.

Article 19. Dossiers submitted to request examination of treaties

1. The written request for examination of a treaty whereby those provided in Clause 2 Article 18 hereof are defined.

2. The draft recommendation submitted to the Government on signature of a treaty.

3. The report on compatibility of the treaty proposed for conclusion with the treaty made in the same sector to which the Socialist Republic of Vietnam is a party.

4. The report on assessment of political, national defence, security, socio-economic and other impacts of treaties.

5. Opinions from relevant entities.

6. The texts of a treaty.

Article 20. Responsibility of the Ministry of Justice for inspecting treaties

1. The Ministry of Justice shall be responsible for examining a treaty within 20 days of full receipt of required dossiers referred to in Article 21 hereof or within 60 days where an Examination Council is established in accordance with Clause 3 of this Article.

2. The followings shall be inspected in a treaty:

a) The conformity with the Constitution;

b) The compatibility with the provisions of Vietnamese laws;

c) The possibility of direct application of the whole or part of the treaty;

d) The requirements for amendment, supplementation, denunciation or promulgation of legal documents for the implementation of the treaty.

3. Where a treaty is proposed for conclusion by the Ministry of Justice, a treaty proposed for conclusion is subject to contentious opinions or a treaty contains important and complex provisions, the Minister of Justice shall establish an Examination Council for examination of a treaty.

An Examination Council for examination of a treaty shall be composed of a representative from the Ministry of Justice, the Ministry of Foreign Affairs, Government Office and other relevant entities.

Article 21. Dossiers submitted to request inspection of treaties

1. Dossiers submitted to request inspection of treaties are composed of the followings:

a) The written request for inspection of a treaty whereby those provided in Clause 2 Article 20 hereof are included;

b) The draft recommendation submitted to the Government on signature of a treaty;

c) The report on assessment of conformity of provisions of a treaty with those of Vietnamese laws;

d) Opinions from relevant entities;

dd) The texts of a treaty.

2. 5 sets of dossiers submitted to request inspection shall be required.

Section 3. FULL POWERS FOR NEGOTIATION AND SIGNATURE OF TREATIES, CREDENTIALS FOR PARTICIPATION IN INTERNATIONAL CONFERENCES

Article 22. Full powers and credentials

1. The Head of negotiation delegation and the person signing a treaty in the name of the State must be granted full powers in the written form by the State President.

2. The Head of delegation for negotiation of a treaty in the name of the Government must be granted full powers in the written form by the Prime Minister. The person signing a treaty in the name of the Government must be granted full powers in the written form by the Government.

3. The Head of delegation for participation in international conferences must be granted credentials in the written form by the Prime Minister.

Where there is a requirement subject to which members of the Vietnam's delegation must participate in an international conference in accordance with rules of such conference, the recommending agency shall be responsible for making a request for that requirement for the Prime Minister's consideration of making any decision.

4. The person granted full powers to negotiate, sign a treaty, or the person granted credentials to participate in an international conference, must be a leader of the recommending agency or the one who is recommended to the competent authority for any decision to be made.

5. In cases where the recommending agency does not appoint the head of negotiation delegation, the person signing a treaty or the head of delegation for participation in an international conference, the recommending agency shall, by agreement with the Ministry of Foreign Affairs, request the competent authority to make the decision to grant full powers or credentials to the head of diplomatic mission, the head of representative office in an international organization or other representative as the head of negotiation delegation, the person signing a treaty or the head of delegation for participation in such conference.   

6. Grant of certificate of full powers or credentials shall be provided in Article 63 hereof.

Section 4. CONDUCT OF SIGNATURE OF TREATIES

Article 23. Check and comparison of the texts of treaties

Before initialling or signing a treaty, the recommending agency shall coordinate with the Ministry of Foreign Affairs and relevant authorities in checking and comparing the texts written in Vietnamese language with the texts written in a foreign language to ensure correctness of contents and uniformity of the form of the texts of the treaty.

Article 24. Signature of treaties

1. The recommending agencies shall have to coordinate with the Ministry of Foreign Affairs in completing the signing procedures and finalizing the treaty texts, and organizing the signing ceremonies of treaties in accordance with the agreement with foreign signatories.

2. In cases where the competent authority has decided to approve the signature of a treaty, however it is impossible to make arrangements for signature of such treaty, the recommending agency shall promptly report the case to the Government, suggesting measures and, at the same time, notify the Ministry of Foreign Affairs thereof for coordination.

3. In cases where there are changes relating to the name under which the treaty will be signed, rights and obligations of the Vietnamese side, which contain provisions that contravene, or have not been made in, laws or resolutions of the National Assembly or those in contravention of ordinances or resolutions of the National Assembly Standing Committee, or other fundamental changes in the text of the treaty the signing of which has been approved by the competent authority, the recommending agency must re-submit such treaty for consideration of signature as referred to in Section 2 of this Chapter.

4. The State President and the Government shall be responsible for reporting to the National Assembly and the National Assembly Standing Committee on the signature of treaties within the ratification jurisdiction of the National Assembly.

Article 25. Signature of treaties during high-level delegation visits

1. The recommending agency shall have to coordinate with the Ministry of Foreign Affairs in completing the signing procedures and finalizing the texts of treaties the signing of which has been approved by competent state agencies during the visits by high-level Vietnamese delegations to foreign countries or by high-level foreign delegations to Vietnam.

2. The Ministry of Foreign Affairs shall assume the prime responsibility for or coordinate the check and comparison of the final texts of treaties, and coordinate with the foreign parties in organizing the signing ceremonies of treaties during visits by high-level Vietnamese delegations to foreign countries or by high-level foreign delegations to Vietnam, unless otherwise agreed upon with foreign parties or otherwise decided by competent state agencies.

Article 26. Responsibility to transmit texts of treaties after their signing

1. Within 10 days from the date of signature of a bilateral treaty in Vietnam or from the date of arrival of the delegation for signature of treaties in foreign countries, the recommending agency shall be responsible for providing the Ministry of Foreign Affairs with:

a) The original treaty text;

b) The Vietnamese translation, only if the treaty is signed in a foreign language;

c) The electronic recording of contents of a treaty in Vietnamese language or a foreign language;

d) Certificate of full powers or proof of the fact that the representative of the foreign side has due competence in signing the treaty.

2. In cases where the head of a diplomatic mission or permanent representative mission of Vietnam in an international organization signs a treaty, the person who signed the treaty shall have to report and promptly transmit a copy of the signed treaty to the Ministry of Foreign Affairs and send the original text of the treaty to the recommending agency.

Within 10 days of receipt of the original treaty text, the recommending agency shall discharge responsibilities referred to in Clause 1 of this Article.

3. The recommending agency shall have to send a copy of a multilateral treaty, which has been authenticated, furnished or disseminated by the depositary of the multilateral treaty, and a Vietnamese translation of the treaty and an electronic medium of the contents of the text of the treaty in the Vietnamese and foreign language(s) to the Ministry of Foreign Affairs within 10 days from the date of signature of such treaty in Vietnam or from the date of arrival of the delegation for signature of such treaty.

Article 27. Exchange of instruments constituting treaties

Exchanging instruments constituting treaties shall be provided in Article 8 through Article 26 hereof.

Section 5. RATIFICATION OF TREATIES

Article 28. Treaties subject to ratification

1. Treaties that contain provisions that the treaties are subject to ratification.

2. Treaties signed in the name of the State.

3. Treaties signed in the name of the Government, which contain provisions in contravention of laws or resolutions of the National Assembly.

Article 29. Authority and contents of the ratification instrument

1. The National Assembly shall ratify the following treaties:

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

b) The treaty relates to the establishment of, participation in an international and regional organization where such 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;

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

d) The treaty which contains provisions in contravention of laws and resolutions of the National Assembly;

dd) The treaty is directly signed by the State President with the Head of the other State.

2. The State President shall ratify treaties defined in Article 28 hereof, except for those stated in Clause 1 of this Article.

3. The ratification instrument shall include the following contents:

a) The designation, time and place of signature of the treaty;

b) Contents of reservation, acceptance of or objection to reservation(s) made by the foreign signatory, declaration with respect to a multilateral treaty, and other necessary issues;

c) The decision on direct application of the whole or part of the treaty; the decision or proposal to amend, supplement, cancel or promulgate laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee for the implementation of the ratified treaty;

d) Responsibilities of the recommending agency, the Ministry of Foreign Affairs and relevant entities for completion of ratification procedures and conduct of implementation of treaties;

dd) The full texts of treaties written in Vietnamese language as Annexes. In cases where a treaty is signed only in a foreign language(s), Annexes contain the full texts of that treaty written in one of the languages used for signature and the Vietnamese translation of such treaty. 

Article 30. Recommendations on ratification of treaties

1. The recommending agency shall submit to the Government for further submission to the State President the ratification of a treaty, after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities.

2. The Government shall submit to the State President for further submission to the National Assembly the ratification of the treaty ratified by the National Assembly.

3. Authorities or organizations from which opinions are requested as provided in Clause 1 of this Article shall be responsible for making written replies within a period of 15 days of full receipt of the written request for opinions. 

Article 31. Dossiers submitted for ratification of treaties

1. The recommending agency's written submission, which contains the assessment of the impacts of the treaty on Vietnam, recommendations on the ratification, time for ratification, reservations, acceptance of or objection to the reservation(s) made by the foreign signatories, declaration with respect to a multilateral treaty; recommendations on the direct application of the whole or part of the treaty; recommendations on amendment, supplementation, cancellation or promulgation of legal documents for the implementation of the treaty.

2. Opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities; report on the responses to opinions from agencies or organizations and suggestions for necessary actions; the proposed plans for implementation of treaties.

3. The texts of a treaty.

Article 32. Scope of verification of treaties

1. The necessity of ratification.

2. The observance of the order and procedures for making recommendations on ratification.

3. The conformity with the Constitution and the compatibility with laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee.

4. The possibility of direct application of the whole or part of the treaty.

5. The requirement for amendment, supplementation, cancellation or promulgation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee for the implementation of the treaty.

Article 33. Authority to verify treaties

The Foreign Affairs Committee of the National Assembly shall assume the prime responsibility for and coordinate with the Ethnic Council and other Committees of the National Assembly in verification of treaties within the jurisdiction of the National Assembly Standing Committee for ratification, decision on accession to or termination of such treaties.

Article 34. Dossiers submitted to request verification of treaties

1. The State President's submitted statement on the recommendation for the ratification of the treaty.

2. The explanatory report of the Government.

3. Documents referred to in Clause and 3 Article 31 hereof.

Article 35. Procedures for verification of treaties

1. The Office of the State President shall coordinate with the recommending agencies in submitting the dossiers of request for verification of treaties to the agency assuming the prime verifying responsibility for the period which is no later than 30 days before the date of opening of the session of the National Assembly.

2. The agency assuming the prime verifying responsibility shall convene meetings for the verification of treaties with the participation of the verification-participating agencies and concerned agencies and organizations within 15 days after the date of full receipt of the dossiers of request for verification.

Article 36. Processes for the National Assembly’s considering and ratifying treaties at its sessions

1. The State President reports on the recommendation of the ratification of a treaty.

2. The representative of the Government or the recommending agency other than the ministry, ministry-level agency or Governmental body presents reports on the treaty.

3. The representative of the verifying agency delivers verification reports.

4. The National Assembly debates the ratification of treaties in plenary sessions. Before plenary session debate, groups or delegations of National Assembly deputies may discuss the ratification of the treaty.

In the course of debate, the agency referred to in Clause 2 of this Article may give additional information on the matters relating to the ratification of the treaty.

5. The National Assembly Standing Committee presents reports on the responses to opinions and the correction of the draft resolution on ratification of treaties.

6. The National Assembly votes to adopt a resolution on the ratification of the treaty.

Section 6. APPROVAL OF TREATIES

Article 37. Treaties subject to approval

Unless falling within the ratification jurisdiction of the National Assembly, the treaties listed below shall be subject to approval:

1. The treaty signed in the name of the Government which contains provisions stating that completion of approval or legal procedures is required by each state to enter into force;

2. The treaty signed in the name of the Government which contains provisions in contravention of legal documents adopted by the Government.

Article 38. Approval-granting authority and contents of the ratification instrument

1. The Government shall decide to approve treaties specified in Article 37 hereof.

2. The approval instrument shall include contents which are the same as those contained in the ratification instrument referred to in Clause 3 Article 29 hereof.

Article 39. Recommendations on approval of treaties

1. The recommending agency shall submit to the Government the request for approval of a treaty, after having obtained written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities.

2. Authorities or organizations from which opinions are requested as provided in Clause 1 of this Article shall be responsible for making written replies within a period of 15 days of full receipt of the written request for opinions. 

Article 40. Dossiers submitted to request approval of treaties

Dossiers submitted to request approval of treaties include documents which are the same as those on ratification of treaties as provided in Article 31 hereof.

Section 7. ACCESSION TO TREATIES

Article 41. Authority to make recommendations on accession to treaties

1. The agencies referred to in Article 8 hereof shall, subject to their duties, powers and requirements of international cooperation, submit recommendations to the Government for its decision and for further submission to the State President's consideration of decision or for the State President’s further submission to the National Assembly for its decision on accession to treaties under the authority stipulated in Clause 1, 2 and 3 Article 43 hereof.

2. Before making recommendations on accession to treaties, the recommending agency must request opinions in written form with any relevant agencies or organizations, or request examination opinions from the Ministry of Foreign Affairs as well as inspection opinions from the Ministry of Justice.

3. Authorities or organizations from which opinions are requested as provided in Clause 2 of this Article shall be responsible for making written replies within a period of 15 days of full receipt of the written request for opinions. 

4. Negotiation, signature, ratification and approval of treaties for the purpose of accession to these treaties shall conform to regulations laid down from Section 1 through Section 6 of this Chapter.

Article 42. The National Assembly Standing Committee's giving opinions on accession to treaties

1. Before making a decision on acceding to a treaty that has its provisions which are inconsistent with or are not provided by any law and resolution of the National Assembly, or has its provisions inconsistent with any ordinance or resolution of the National Assembly Standing Committee, or a treaty which is subject to amendment, denunciation, adoption of laws or resolutions of the National Assembly, ordinances or resolutions of the National Assembly Standing Committee, the authority in the exercise of authority to decide to accede treaties provided in Clause 2 and 3 of Article 43 hereof shall request the National Assembly Standing Committee for any opinion. This shall not apply to the treaty subject to the jurisdiction of the National Assembly for accession as provided in Clause 1 Article 43 hereof.

2. The Government shall make a decision on acceding to the treaty, subject to opinions from The National Assembly Standing Committee and the State President.

Article 43. Powers to grant and contents of the decision on accession to treaties

1. The National Assembly shall decide to accede to the treaties stated in Point a, b, c and d Clause 1 Article 29 hereof.

2. The State President shall decide to accede to the treaties stated in Clause 2 Article 29 hereof.

3. The Government shall decide to accede to treaties in the name of the Government, except for the cases referred to in Clause 1 and 2 of this Article.

4. The instrument stating the decision on accession to treaties shall include contents which are the same as those contained in the ratification instrument referred to in Clause 3 Article 29 hereof.

Article 44. Processes and procedures for the National Assembly’s making its decision on accession to treaties

Processes and procedures for the National Assembly’s making its decision on accession to treaties shall be the same as those on ratification of treaties referred to in Articles 32, 33, 34, 35 and 36 hereof.

Article 45. Dossiers submitted for the accession to treaties

1. The recommending agency's submitted report on the accession with the contents specified in Article 16 hereof.

2. Examination opinions from the Ministry of Foreign Affairs, inspection opinions from the Ministry of Justice and opinions from relevant entities; report on the responses to opinions from agencies or organizations; proposed plans for implementation of treaties.

3. The texts of a treaty.

4. The list of parties to the treaty, instruments on amendments, supplements to the treaty, reservations, acceptance of or objection to reservations, declarations made by the foreign signatories with respect to the treaty, legal procedures required for, and other necessary information relating to, the accession to the treaty.

Article 46. Responsibility to send the texts of treaties upon receipt of the decision on accession

The recommending agency shall have to send the texts of the treaty which has been authenticated, furnished or disseminated by the depositary of the multilateral treaty, and a Vietnamese translation of the treaty and an electronic medium of the contents of the text of the treaty in the Vietnamese and foreign language(s) to the Ministry of Foreign Affairs within 15 days of receipt of the decision on accession to such from the competent authorities.

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