Chương VII Luật Điều ước quốc tế 2016: Trình tự, thủ tục rút gọn

Chapter VII

SIMPLIFIED PROCESSES AND PROCEDURES

Article 70. Application of simplified processes and procedures

1. Simplified processes and procedures for negotiation, signature, amendment, supplementation and extension of a treaty shall be implemented as provided in this Chapter.

2. Simplified processes and procedures for negotiation, signature, amendment, supplementation and extension of a treaty under the authority to ratify, decide to accede to or terminate treaties of the National Assembly shall not be applied.

3. Simplified processes and procedures for negotiation, signature, amendment, supplementation and extension of a treaty on foreign borrowing in the name of the Government shall be implemented as provided in laws and regulations on public debt management.

Article 71. Simultaneous proposal for negotiation and signature of treaties

Where the recommending agency has determined contents and gathered materials in an adequate manner in the proposal for signature of treaties in accordance with Article 17 hereof before negotiation, proposal for negotiation and signature of a treaty may occur at the same time.

Article 72. Negotiation and signature of treaties under the simplified procedures and processes

1. The simplified processes and procedures shall be applied to negotiation and signature of treaties in the following cases:

a) A treaty is subject to the form stipulated in the treaty between the Socialist Republic of Vietnam and the same foreign signatory or the form approved by the competent authority;  

b) The application of such processes and procedures is subject to the decision granted by the competent authority.

2. The simplified processes and procedures for negotiation and signature of treaties shall be implemented as follows:

a) Authorities or organizations from which opinions are requested as provided in Point c Clause 1 Article 9 hereof shall be responsible for making written replies within a period of 05 days of full receipt of the written request for opinions;

b) Authorities or organizations from which opinions are requested as provided in Clause 2 Article 13 hereof, inspection and verification agency shall be responsible for making written replies within a period of 05 days of full receipt of the written request for opinions, inspection or verification;

c) The request dossier for inspection of a treaty shall be composed of documents provided for in Clauses 1, 2, 5 and 6 Article 19 hereof;

d) The request dossier for verification of a treaty shall be composed of documents provided for in Points a, b, d and dd Clause 1 Article 21 hereof;

dd) The report dossier submitted for signature of a treaty shall be composed of documents provided for in Clauses 1, 2 and 6 Article 17 hereof;

e) The report for the signature of treaties must include assessment of political, national defence, security, socio-economic and other impacts of treaties; compatibility of treaties proposed for signature with those made in the same sector to which the Socialist Republic of Vietnam is a party and assessment of conformity of provisions of treaties with those of Vietnam's laws.

Article 73. Amendment and supplementation of treaties under the simplified processes and procedures

1. With regard to any amendment or supplementation of treaties is purely technical and where a new treaty is not signed to amend or supplement an existing treaty, the recommending agency shall not be required to request opinions from relevant agencies or organizations as provided in Point a Clause 5 Article 54 hereof before submission to the Government. In the event that requesting opinions is allowed, the agency from which opinions are requested shall be responsible for making written replies within a period of 05 days of full receipt of the request dossier for opinions.

2. Where a treaty has provided for the authority designated to amend or supplement a treaty, that authority shall make its decision on amending or supplementing such treaty, unless otherwise decided by the agency competent in making a decision on consent to be bound by such treaty. 

3. When the situation mentioned in Clause 2 of this Article happens, the authority competent in deciding to amend or supplement treaties shall promptly notify the Ministry of Foreign Affairs and relevant authorities of amended or supplemented contents.

4. The request dossier for amendment to or supplementation of treaties under the simplified processes or procedures shall be composed of documents provided for in Clause 6 Article 54 hereof, except for opinions from relevant agencies or organizations.

Article 74. Extension of treaties under the simplified procedures and processes

1. With regard to any amendment or supplementation of treaties is purely technical, the recommending agency shall be required to request opinions from relevant agencies or organizations as provided in Point a Clause 5 Article 54 hereof.

2. The request dossier for extension of treaties under the simplified processes or procedures shall be composed of documents provided for in Clause 6 Article 54 hereof, except for opinions from relevant agencies or organizations.

Article 75. Refusal to apply simplified processes and procedures

In the event of refusing to apply the simplified processes and procedures, the authority competent in deciding to negotiate, sign, amend, supplement and extend a treaty shall return the submitted dossier and request the submitting authority to implement the general processes and procedures or to improve its submitted dossier.

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