Chương VI Luật Điều ước quốc tế 2016: Thủ tục đối ngoại

Chapter VI

DIPLOMATIC PROCEDURES

Article 63. Grant of certificate of full powers and credentials

1. The Ministry of Foreign Affairs shall grant the certificate of full powers for negotiation, conclusion of treaties, or the credential for participation in treaties under the decision made in a written form by the competent authority.

2. The Minister of Foreign Affairs shall sign the certificate of full powers for negotiation and signature of treaties, credentials for participation in international conferences.

3. In cases where a decision on authorization or mandate does not specify the person authorized or mandated and the full designation of the treaty in the Vietnamese and foreign language(s), no later than 05 days before the date of commence of the negotiation or signature of a treaty or participation in an international conference, the recommending agency shall have to notify in writing the Ministry of Foreign Affairs of the said information for the completion of the procedures for grant of the certificate of Full Powers or Credentials.

4. The recommending agency shall have to submit in a timely manner to the State President or the Government and the Prime Minister for decision any changes relating to the persons authorized or mandated; the Ministry of Foreign Affairs shall complete diplomatic procedures for granting the certificate of Full Powers or Credentials under the provisions of Clauses 1, 2 and 3 of this Article  the decision made by the State President, the Government or the Prime Minister.

Article 64. Diplomatic procedures for ratification, approval of and accession to treaties

1. The Ministry of Foreign Affairs shall notify the foreign signatories or the depositary of multilateral treaties of the ratification, approval of and accession to treaties within 15 days of receipt of the instrument adopted by the National Assembly, the State President and the Government on the ratification, approval of or decision on accession to treaties.   

2. The State President shall sign the instrument of ratification of a bilateral treaty. Contents of the instrument of ratification of a bilateral treaty include the designation, time and place of signature of that treaty and other necessary contents.

The Ministry of Foreign Affairs shall cooperate with the recommending agency in implementation of procedures for exchanging instruments with the foreign signatories in the event that a bilateral treaty has provisions or arrangements with the foreign signatories on completion of procedures for completion of procedures for exchanging the instrument of ratification for the entry into force of that treaty.

3. The Minister of Foreign Affairs shall sign the instrument of ratification, approval of or accession to multilateral treaties delivered to the depositary of multilateral treaties.  

Article 65. Diplomatic procedures for keeping custody of treaties

1. The Ministry of Foreign Affairs shall cooperate with the recommending agency in notifying the depositary of custody assigned to the Socialist Republic of Vietnam when signing such treaties.

2. The Ministry of Foreign Affairs shall notify the depositary of multilateral treaties of reservations made by the Socialist Republic of Vietnam in the instrument of notification with regard to the ratification, approval of or accession to any treaty which contains provisions subject to the Socialist Republic of Vietnam's declaration of reservation or required reaffirmation of reservations declared upon conclusion of such treaty; notify the depositary of multilateral treaties of the acceptance of or objection to reservations made by the foreign signatories within 15 days of receipt of the decision from the competent authorities or delivery of such notification together with instruments of ratification, approval or accession.  

3. The Minister of Foreign Affairs shall sign the diplomatic notification with regard to deposit of treaties with the Socialist Republic of Vietnam, acceptance of or objection to reservations made by the foreign signatories, withdrawal of reservations, or withdrawal of objection to reservations, to the depositary of treaties.

Article 66. Diplomatic procedures for termination of provisional application of treaties

The Ministry of Foreign Affairs shall notify the foreign signatories of the decision made by the Vietnamese side concerning the termination of provisional application of treaties, or the response made by the Vietnamese side to the decision of the foreign signatory on the termination of provisional application of treaties within a period of 15 days of receipt of the decision granted by the competent authorities.  

Article 67. Diplomatic procedures for amendment to, supplementation and extension of treaties

1. The Ministry of Foreign Affairs shall coordinate with the recommending agency in notifying the foreign signatories of any amendment to, supplementation or extension of treaties within 15 days of receipt of the decision granted by the competent authority on amendment to, supplementation or extension of such treaties.  

2. Where the recommending agency directly notifies the foreign signatory, the Ministry of Foreign Affairs must be informed of the result immediately after receipt of information about the entry into force of the amendment, supplementation and extension of treaties.  

Article 68. Diplomatic procedures for termination, denunciation, withdrawal from and suspension of operation of treaties

1. The Ministry of Foreign Affairs shall cooperate with the recommending agency in notifying the foreign signatory of termination, denunciation, withdrawal from or suspension of operation of a bilateral treaty which the Socialist Republic of Vietnam has concluded.

2. The Minister of Foreign Affairs shall sign the notification of termination, denunciation, withdrawal from or suspension of operation of a multilateral treaty to the depositary of multilateral treaties.

Article 69. Registration of treaties

Where it is necessary for registration of treaties, the Ministry of Foreign Affairs shall register the treaty to which the Socialist Republic of Vietnam is a party with the United Nations’ Secretariat.