Chương VIII Luật Điều ước quốc tế 2016: Tổ chức thực hiện điều ước quốc tế

Chapter VIII

CONDUCT OF IMPLEMENTATION OF TREATIES

Article 76. Plan for implementation of treaties

1. The Prime Minister shall be responsible for conducting implementation of treaties to which the Socialist Republic of Vietnam is a party, approving the implementation plan and deciding directive measures or other measures to implement treaties.

2. After obtaining opinions from relevant agencies or organizations, the recommending agency shall take into consideration the nature and contents of a treaty, its duties and powers to develop the plan for implementation of treaties for submission to the Prime Minister within a period of 15 days of receipt of the notification of the entry into force of that treaty from the Ministry of Foreign Affairs.

3. Where the recommending agency is in charge of implementing a treaty, the recommending agency shall be subject to the Prime Minister's decision on the in-charge agency within a period of 15 days from the date on which the competent authority decided consent to be bound by such treaty.

The in-charge agency shall be responsible for performing duties assigned to the recommending agency as provided in Clause 2 and 5 of this Article, Article 79 and 80 hereof.

4. A plan for implementation of a treaty shall contain the following contents:

a) The implementation schedule;

b)  Proposed responsibilities of concerned state agencies in the conduct of the implementation of the treaty;

c) Recommendations on amendment, supplementation, cancellation or promulgation of legal documents for the implementation of the treaty;

d) Measures of conduct, management, financing and other necessary measures for the implementation of the treaty;

dd) Communication and dissemination of treaties.

5. After the plan for implementation of a treaty is approved, the recommending agency and relevant authority or organization shall, within their functions and powers, take responsibility for commencing the execution of such plan.

Article 77. Responsibility of the Ministry of Foreign Affairs for implementing treaties

1. Monitor and expedite implementation of the treaty to which the Socialist Republic of Vietnam is a party.

2. Take charge of or cooperate in implementing necessary measures to protect rights and interests of the Socialist Republic of Vietnam in the event that the foreign signatory breaches the treaty.

3. Report to the Government and the Prime Minister in a periodically annual basis or upon request; submit the review report to the State President upon request on implementation of the treaty. 

Report to the Government for submission to the National Assembly on the conclusion and implementation of treaties on a periodically annual basis or upon the request of the National Assembly.

4. Take charge of or cooperate in conducting communication or dissemination of the treaty to which the Socialist Republic of Vietnam is a party.

5. Carry out the statistical examination and review of the treaty to which the Socialist Republic of Vietnam is a party.

Article 78. Responsibility of the Ministry of Justice for implementing treaties

1. Expedite construction, submission for adoption, amendment, supplementation, or denunciation, of legal documents for the implementation of the treaty.

2. Verify the conformity of legislative document with the treaty to which the Socialist Republic of Vietnam is a party.

Article 79. Responsibility of the recommending agency for implementing treaties

1. Develop the specific schedule and measure for implementation of treaties in force for the Socialist Republic of Vietnam proposed for conclusion by the recommending agency.  

2. Recommend or adopt, amend, supplement or denounce legislative documents for implementation of treaties in force for the Socialist Republic of Vietnam proposed for conclusion by the recommending agency.

3. Recommend the Prime Minister or act on their own behalf to take directive or regulatory measures or other measures to implement treaties proposed for conclusion by the recommending agency.

4. Take charge of or cooperate in conducting communication or dissemination of the treaty in force for the Socialist Republic of Vietnam proposed for conclusion by the recommending agency.

5. Recommend the Prime Minister to take necessary measures to protect rights and interests of the Socialist Republic of Vietnam in the event that the treaty proposed for conclusion by the recommending agency is breached.

6. Prepare the review report on conclusion and implementation of the treaty under the management authority of the recommending agency for submission to the Ministry of Foreign Affairs for the purpose of consolidation for submission to the Prime Minister no later than the 15^th November each year.  The report shall be prepared by the recommending agency by using the form adopted by the Ministry of Foreign Affairs.

Upon request, the recommending agency shall report to the State President and the Government on results of conclusion and implementation of treaties.

7. Take charge of or cooperate with the Ministry of Foreign Affairs, the Ministry of Justice and relevant entities in recommending the Prime Minister to decide the interpretation and application of provisions of treaties where there is any contentious interpretation and application of such provisions.

Article 80. Responsibility of agencies, organizations and individuals

1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, Ministries, Ministry-level agencies, the People's Committees of centrally-affiliated cities or provinces shall, to the extent of their respective legally-established duties and powers, take charge of or cooperate with the recommending agency in implementation of treaties to which the Socialist Republic of Vietnam is a party.

2. Agencies, organizations or individuals shall be responsible for compliance with the treaty to which the Socialist Republic of Vietnam is a party.