Chapter I
GENERAL PROVISIONS
Article 1.- Scope of application
This Law provides for the conclusion, accession, reservation, deposit, keeping custody, making of certified copies, publication, registration, implementation, interpretation, amendment, supplementation, extension, termination, denunciation, withdrawal, suspension of application of treaties concluded or acceded to in the name of the State or the name of the Government of the Socialist Republic of Vietnam.
Article 2.- Interpretation of terms
In this Law, the following terms are construed as follows:
1. Treaties concluded or acceded to by the Socialist Republic of Vietnam mean agreements in written form concluded or acceded to in the name of the State or in the name of the Government of the Socialist Republic of Vietnam with one or more states, international organizations or other subjects of international law, regardless of their tittles, such as treaty, convention, agreement, covenant, arrangement, protocol, memorandum of understanding, exchanged diplomatic note or other titles.
2. Full powers means a document issued by a competent state agency designating one or more persons to represent the Socialist Republic of Vietnam in performing one or more legal acts concerning the negotiation and signing of treaties.
3. Credentials means a document issued by a competent state agency designating one or more persons to represent the Socialist Republic of Vietnam in attending international conferences to perform one or more legal acts in relation to the negotiation, adoption of the texts of treaties at the international conferences or to the implementation of multilateral treaties.
4. Conclusion means legal acts performed by competent persons or state agencies including acts of negotiation, signing, ratification, approval of treaties or exchange of instruments constituting treaties.
5. Signing means a legal act performed by a competent or authorized person, including signing of a treaty not subject to ratification or approval and signing of a treaty subject to ratification or approval.
6. Initialing means a legal act performed by a competent or authorized person to confirm that the text of a treaty the Socialist Republic of Vietnam intends to sign is the final text agreed upon with a foreign contracting party.
7. Ratification means a legal act performed by the National Assembly or the State President, expressing the consent of the Socialist Republic of Vietnam to be bound by a signed treaty.
8. Approval means a legal act performed by the Government, expressing the consent of the Socialist Republic of Vietnam to be bound by a signed treaty.
9. Exchange of instruments constituting a treaty means the exchange of letters or diplomatic notes or otherwise named documents constituting a bilateral treaty between the Socialist Republic of Vietnam and the foreign contracting party.
10. Accession means a legal act performed by the National Assembly, the State President or the Government, expressing the consent of the Socialist Republic of Vietnam to be bound by a multilateral treaty in case the Socialist Republic of Vietnam has not signed such treaty, irrespective of the entry into force of the treaty.
11. Reservation of the Socialist Republic of Vietnam means a statement made by the Socialist Republic of Vietnam when signing, ratifying, approving or acceding to a multilateral treaty, whereby it purports to exclude or modify the legal effect of one or more certain provision of the treaty in its application to the Socialist Republic of Vietnam.
12. Treaties to which Vietnam is a party mean treaties being in force to the Socialist Republic of Vietnam.
13. Termination of a treaty means a legal act performed by the National Assembly, the State President or the Government, denouncing the effect of a treaty to which the Socialist Republic of Vietnam is a party.
14. Denunciation of or withdrawal from a treaty means a legal act performed by the National Assembly, the State President or the Government, denouncing the consent of the Socialist Republic of Vietnam to be bound by a treaty.
15. Suspension of the application of a treaty means a legal act performed by the National Assembly, the State President or the Government, suspending the application of the whole or part of a treaty to which the Socialist Republic of Vietnam is a party.
16. Foreign parties mean States, international organizations or other subjects of international law.
17. International organizations mean inter-governmental organizations.
Article 3.- Principles of conclusion, accession to and implementation of treaties
The conclusion, accession to and implementation of treaties must comply with the following principles:
1. Respect for national independence, sovereignty, territorial integrity, prohibition of the use of force or threat to use force, non-interference in the domestic affairs of each other, equality, mutual benefit and other fundamental principles of international law;
2. Conformity with the provisions of the Constitution of the Socialist Republic of Vietnam;
3. Conformity with national interests, foreign policy of the Socialist Republic of Vietnam;
4. Treaties in the name of the Government must not contradict treaties in the name of the State;
5. A treaty containing provision(s) that contravene, or have not been made in, legal documents of the National Assembly or the National Assembly Standing Committee or a treaty the implementation of which requires amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly or the National Assembly Standing Committee, must be submitted to the National Assembly Standing Committee for consideration before it is negotiated, signed or acceded to; in case of negotiation, signing of or accession to a treaty containing provision(s) contrary to legal documents of the National Assembly, the National Assembly Standing Committee shall report it to the National Assembly for opinions;
6. The Socialist Republic of Vietnam complies with treaties to which the Socialist Republic of Vietnam is a party; meanwhile, it requests other parties to treaties to comply with such treaties.
Article 4.- State management of the conclusion, accession to and implementation of treaties
The contents of State management of the conclusion, accession to, and implementation of treaties shall include:
1. Promulgating legal documents on the conclusion, accession to, and implementation of treaties;
2. Organizing and guaranteeing the implementation of treaties;
3. Propagating and popularizing treaties to which the Socialist Republic of Vietnam is a party;
4. Propagating, popularizing, and guiding the implementation of, law on the conclusion, accession to, and implementation of treaties;
5. Organizing the custody, deposit, making of certified copies, translation, publication and registration of treaties;
6. Gathering statistics on, and scrutinizing treaties already concluded or acceded to by the Socialist Republic of Vietnam;
7. Formulating long-term and annual plans on the conclusion, accession to and implementation of treaties;
8. Overseeing, supervising, inspecting and settling violations of the provisions of law on the conclusion, accession to and implementation of treaties;
9. Settling complaints and accusations relating to the conclusion, accession to and implementation of treaties;
10. Undertaking international co-operation in the conclusion, accession to and implementation of treaties.
Article 5.- Agencies performing state management of the conclusion, accession to and implementation of treaties
1. The Government shall perform the unified state management of the conclusion, accession to and implementation of treaties.
2. The Ministry of Foreign Affairs shall take responsibility to the Government for performing the state management of the conclusion, accession to, and implementation of treaties.
3. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of the conclusion, accession to and implementation of treaties.
Article 6.- Treaties and provisions of domestic law
1. In cases where a legal document and a treaty to which the Socialist Republic of Vietnam is a party, contains different provisions on the same matter, the provisions of the treaty shall prevail.
2. The promulgation of legal documents must ensure that they shall not obstruct the implementation of treaties which contain provisions on the same matter and to which the Socialist Republic of Vietnam is a party.
3. On the basis of the requirements, contents and nature of a treaty, the National Assembly, the State President or the Government, when deciding to consent to be bound by the treaty, shall also decide on the direct application of the whole or part of the treaty to agencies, organizations and/or individuals in case the provisions of the treaty are explicit and specific enough for implementation; or decide or propose to amend, supplement, cancel or promulgate legal documents for the implementation of the treaty.
Article 7.- Types of treaties
1. Bilateral or multilateral treaties concluded or acceded to by the Socialist Republic of Vietnam include:
a/ Treaties in the name of the State;
b/ Treaties in the name of the Government;
2. Treaties shall be concluded or acceded to in the name of the State in the following cases:
a/ Treaties signed by the State President with the Head(s) of other State(s);
b/ Treaties on peace, security, national boundaries, territory and sovereignty;
c/ Treaties on fundamental rights and obligations of citizens, on legal assistance;
d/ Treaties on universal international organizations and important regional organizations;
e/ Treaties concluded in the name of the State in accordance with the agreement with foreign contracting parties.
3. Treaties shall be concluded or acceded to in the name of the Government in the following cases:
a/ For the implementation of other treaties concluded or acceded to in the name of the State;
b/ Treaties on various fields other than those stated at Point b and Point c, Clause 2 of this Article;
c/ Treaties on international organizations other than those stated at Point d, Clause 2 of this Article;
d/ Treaties concluded in the name of the Government in accordance with the agreement with foreign contracting parties.
Article 8.- Consent to be bound by treaties
The Socialist Republic of Vietnam may take any of the following acts to express its consent to be bound by a treaty:
1. Signing of the treaty not subject to ratification or approval;
2. Ratification of the treaty;
3. Approval of the treaty;
4. Exchange of instruments constituting the treaty;
5. Accession to the treaty;
6. Other acts as agreed upon with foreign contracting parties.
Tìm kiếm
Luật Ký kết, gia nhập và thực hiện điều ước quốc tế 2005 (Bản Word)