Chương IV Luật Điều ước quốc tế 2016: Hiệu lực, sửa đổi, bổ sung, gia hạn điều ước quốc tế

Chapter IV

ENTRY INTO FORCE, AMENDMENT TO, SUPPLEMENTATION AND EXTENSION OF TREATIES

Article 52. Entry into force of treaties

A treaty shall enter into force for the Socialist Republic of Vietnam under the provisions of that treaty or as agreed upon between the Vietnamese side and the foreign signatories.

Article 53. Provisional application of treaties

1. A treaty or part of a treaty may be provisionally applied during the period of completion of procedures for the entry into force of the treaty as provided in the treaty or as agreed upon between the Vietnamese side and the foreign signatories.

2. The provisional application of a treaty shall be terminated if the Vietnamese side notifies the foreign signatories, or the foreign signatories notify the Vietnamese side, of the termination of the provisional application of the treaty, unless otherwise provided for in the treaty or agreed upon between the Vietnamese side and the foreign signatories.

3. Competent authorities deciding the signature of a treaty may decide to apply the provisional application and terminate the provisional application of the treaty.

4. Submitted dossiers for termination of the provisional application of a treaty shall be similar to those referred to in Article 16 and Article 17 hereof.

Article 54. Amendment to, supplementation and extension of treaties

1. Treaties may be amended, supplemented or extended as provided for in the treaties or as agreed upon between the Vietnamese side and the foreign signatories.

2. The conclusion of a new treaty for amendment to, supplementation or extension of a treaty shall conform to regulations set out in Chapter II hereof.

3. Authority to decide amendment to, supplementation or extension of treaties shall be defined hereunder in the event that a new treaty is not signed for the purpose of amendment to, supplementation or extension of the current treaty:

a) The National Assembly shall decide to amend, supplement or extend treaties which were ratified by the National Assembly, or acceded to under the National Assembly’s decision;

b) The State President shall decide to amend, supplement or extend treaties which were ratified by the State President, or acceded to under the State President’s decision;

c) The Government shall decide to amend, supplement or extend treaties which were approved, acceded to or signed under the Government’s decision, other than the ratification or approval.

4. The instrument of decision on amendment to, supplementation or extension of treaties includes the following contents:

a) The designation, time and place of signature and the date of entry into force of the amended, supplemented or extended treaty;

b) The contents of amendment, supplementation or the duration for which the treaty is extended;

c) The responsibilities assumed by the recommending agency, the Ministry of Foreign Affairs and other concerned agencies and organizations.

5. Processes and procedures for deciding amendment, supplementation or extension of treaties shall be described as follows:

a) The recommending agency shall be responsible for obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities before submitting to the Government amendment to, supplementation or extension of treaties;

b) The Government shall decide any amendment to, supplementation or extension of treaties as provided in Point c Clause 3 of this Article; submit to the State President the decision on amendment to, supplementation and extension of treaties as prescribed in Point b Clause 3 of this Article;

c) The State President shall decide any amendment to, supplementation or extension of treaties as provided in Point b Clause 3 of this Article; submit to the National Assembly the decision on amendment to, supplementation and extension of treaties as prescribed in Point a Clause 3 of this Article;

d) The National Assembly shall decide any amendment to, supplementation or extension of treaties as provided in Point a Clause 3 of this Article in accordance with the processes, procedures which are similar to those for ratification of treaties referred to in Articles 32, 33, 34, 35 and 36 hereof.

6. Dossiers submitted for amendment to, supplementation or extension of treaties shall be defined hereunder in the event that a new treaty is not signed for the purpose of amendment to, supplementation or extension of the current treaty:

a) The submitted report of the recommending agency which clearly states purposes, requirements and legal bases as well as legal consequences of amendment, supplementation and extension.

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 suggestion of necessary actions;

c) The treaty text;

d) Recommendations on amendment, supplementation or extension made by foreign signatories or relevant authorities of Vietnam.

Article 55. Termination, denunciation, withdrawal from and suspension of operation of treaties

1. The termination, denunciation, withdrawal from, or suspension of operation of the whole or part of a treaty shall be effected in accordance with the provisions of the treaty or by the agreement between the Vietnamese side and the foreign signatories.

2. Authority to decide the termination, denunciation, withdrawal from and suspension of operation of treaties shall be provided for as follows:

a) The National Assembly shall decide to terminate, denounce, withdraw from or suspend operation of the treaty which was ratified by the National Assembly or acceded to under its decision.

In certain cases, the State President or the Government may decide suspension of the operation of the treaty signed under the decision of the State President or the Government, and ratified by the National Assembly, and then report to the National Assembly at its subsequent session;

b) The State President shall decide to terminate, denounce, withdraw from or suspend operation of the treaty which was ratified by the State President or acceded to under his decision;

a) The Government shall decide to terminate, denounce, withdraw from or suspend operation of the treaty which was approved, acceded to or signed under his decision, other than the ratification or approval.

3. The instrument of decision on termination, denunciation, withdrawal from and suspension of operation of treaties shall include the following contents:

a) The designation of the treaty subject to termination, denunciation, withdrawal or suspension of operation; time, place of signature and the period of entry into force of the treaty;

c) The responsibilities assumed by the recommending agency, the Ministry of Foreign Affairs and other concerned agencies and organizations.

4. Dossiers submitted, processes and procedures for the decision on termination, denunciation, withdrawal from, suspension of operation of treaties shall be similar to those for the decision on amendment to, supplementation or extension of treaties stated in Clause 5 and 6 Article 54 hereof.

Article 56. Notification relating to the entry into force of treaties

The Ministry of Foreign Affairs shall notify relevant entities of the followings:

1. Date of entry into force of a treaty within 10 days from the date of receipt of information about the entry into force of the treaty for the Socialist Republic of Vietnam; 

2. Date of entry into force of a declaration on reservations made by the Socialist Republic of Vietnam, acceptance of or objection to reservations made by the foreign signatories, or withdrawal of reservations or objection to reservations for a multilateral treaty, within 10 days from the date of receipt of notification sent by the depositary of multilateral treaties; 

3. Date of termination of provisional application of treaties; amendment to, supplementation or extension of treaties, termination, denunciation, withdrawal from or suspension of operation of treaties within the period of 10 days from the entry into force of provisional termination, amendment to, supplementation, extension, termination, denunciation, withdrawal from or suspension of implementation of treaties.   

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