Chapter III
ACCESSION TO MULTILATERAL TREATIES
Article 49.- Responsibility for recommendation on accession to multilateral treaties
1. The recommending agencies, on the basis of their legally defined tasks and powers and the requirement for international cooperation, shall take initiative in submitting to the Government recommendations on the accession to multilateral treaties.
2. Before submitting recommendations on accession to treaties to the Government, the recommending agencies must obtain written examination opinions of the Ministry of Foreign Affairs in accordance with the provisions of Article 10 of this Law, evaluation opinions of the Ministry of Justice in accordance with the provisions of Articles 17 to 21 of this Law, and opinions of concerned agencies and organizations.
3. In cases where the Ministry of Foreign Affairs submits the recommendation on the accession to a multilateral treaty to the Government, it must obtain evaluation opinions from the Ministry of Justice and written opinions from concerned agencies and organizations.
The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with concerned agencies and organizations, in submitting to the Government recommendations on the accession to multilateral treaties on peace, security, national boundaries, territory and sovereignty.
4. In cases where the State President submits to the National Assembly for decision the accession to a multilateral treaty, the Office of the State President shall coordinate with the recommending agency in submitting to the verifying agency the dossier of request for verification.
Article 50.- Competence to decide on accession to multilateral treaties and contents of such decisions
1. The National Assembly shall decide on the accession to multilateral treaties at the proposal of the State President.
2. The State President shall decide on the accession to multilateral treaties in the name of the State and multilateral treaties subject to ratification, except for the case stated in Clause 1 of this Article.
3. The Government shall decide on the accession to multilateral treaties in the name of the Government.
4. A decision on the accession to a multilateral treaty shall have the following contents:
a/ The title, time and place of signing or approval of the acceded treaty;
b/ The contents of reservation, acceptance of or objection to the reservation(s) made by the foreign contracting parties, declaration with respect to the multilateral treaty and other necessary issues;
c/ The decision on direct application of the whole or part of the treaty; the decision or proposal to amend, supplement, cancel or promulgate legal documents of the National Assembly, the National Assembly Standing Committee or the Government for the implementation of the acceded treaty;
d/ The responsibilities of the recommending agency, the Ministry of Foreign Affairs and other concerned agencies and organizations for completing the procedures for accession to and organizing the implementation of the treaty.
Article 51.- Order and procedures for submitting recommendations and deciding on accession to multilateral treaties
1. At least thirty days before submitting to the Government the recommendation on the accession to a multilateral treaty, the recommending agency shall have to obtain written examination opinions from the Ministry of Foreign Affairs, evaluation opinions from the Ministry of Justice, and opinions from concerned agencies and organizations.
2. The consulted agencies and organizations stated in Clause 1 of this Article shall have to send their written replies to the recommending agency within fifteen days after the date of receipt of the written request for opinions.
3. The recommending agency shall submit to the Government the recommendation on the accession to the multilateral treaty within fifteen days after the date of receipt of written opinions of the agencies and organizations stated in Clause 1 of this Article.
4. The Government shall decide:
a/ To accede to a multilateral treaty in the name of the Government within fifteen days after the date of receipt of the dossier submitted by the recommending agency or after the date of receipt of opinions of the National Assembly or the National Assembly Standing Committee on the accession to a multilateral treaty containing provisions which contravene, or have not been made in, legal documents promulgated by 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;
b/ To submit to the State President the accession to a multilateral treaty specified in Clause 2, Article 50 of this Law within fifteen days after the date of receipt of the dossier submitted by the recommending agency;
c/ To submit to the National Assembly Standing Committee for opinion the accession to a multilateral treaty containing provisions which contravene, or have not been made in, legal documents promulgated by 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, within fifteen days after the date of receipt of the dossier submitted by the recommending agencies.
5. The National Assembly Standing Committee shall give opinions on the accession to a multilateral treaty specified at Point c, Clause 4 of this Article in the order provided for in Article 13 of this Law.
6. The State President shall decide:
a/ To accede to a multilateral treaty specified in Clause 2, Article 50 of this Law, within fifteen days after the date of receipt of the dossier submitted by the Government;
b/ To submit to the National Assembly for decision the accession to a multilateral treaty specified in Clause 1, Article 50 of this Law at least thirty days before the date of opening of the National Assembly session.
7. The National Assembly shall decide on the accession to a multilateral treaty at its session in the order and according to the procedures provided for in Article 39 of this Law; before being submitted to the National Assembly, the treaty must be verified in the order and according to the procedures provided for in Articles 34 to 37 of this Law.
Article 52.- Dossiers submitted for the accession to multilateral treaties
1. A dossier submitted by the recommending agency to the Government for the accession of a multilateral treaty shall comprise:
a/ The recommending agency's rational document, with the contents specified in Article 14 of this Law;
b/ A copy of the treaty and the Vietnamese translation of the treaty;
c/ Examination opinions of the Ministry of Foreign Affairs, evaluation opinions of the Ministry of Justice, and opinions of concerned agencies and organizations;
d/ The list of parties to the treaty, documents on amendments, supplements to the treaty, reservations, acceptance of or objection to reservations, declarations made by the foreign contracting parties with respect to the treaty, legal procedures required for, and other necessary information relating to, the accession to the treaty;
e/ A proposed plan for the implementation of the treaty;
f/ Other necessary documents.
2. A dossier submitted by the Government to the State President for the accession to a multilateral treaty shall comprise:
a/ The Government's submission document, which contains an assessment of the impacts of the treaty on Vietnam; recommendations on the accession, the contents of reservation, acceptance or objection to the reservation(s) made by the foreign contracting parties, declaration with respect to a multilateral treaty; recommendations on direct application of the whole or part of the treaty, amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly or the National Assembly Standing Committee for the implementation of the treaty;
b/ A copy of the treaty and the Vietnamese translation of the treaty;
c/ The list of parties to the treaty, documents on amendments, supplements to the treaty, reservations, acceptance of or objection to reservations, declarations made by the foreign contracting parties with respect to the treaty, legal procedures required for, and other necessary information relating to, the accession of the treaty;
d/ Opinions of the National Assembly Standing Committee or the National Assembly in case of recommendation on the accession to a multilateral treat specified at Point c, Clause 4, Article 51 of this Law;
e/ Other necessary documents.
3. In case the Government submits to the National Assembly Standing Committee for consideration the accession to a multilateral treaty specified at Point c, Clause 4, Article 51 of this Law, the Government's dossier shall comprise documents stated at Points a, b, c and e, Clause 2 of this Article.
4. A dossier submitted by the State President to the National Assembly for the accession to a multilateral treat shall comprise:
a/ The State President's submission document, which clearly spells out the reasons for proposing the National Assembly to decide on the accession, contains an assessment of the impacts of the treaty on Vietnam, recommendations on the accession, the contents of reservation, acceptance or objection to the reservation(s) made by the foreign contracting parties, declaration with respect to a multilateral treaty; recommendations on direct application of the whole or part of the treaty, amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly or the National Assembly Standing Committee for the implementation of the treaty;
b/ A copy of the treaty and the Vietnamese translation of the treaty;
c/ The list of parties to the treaty, documents on amendments, supplements to the treaty, reservations, acceptance of or objection to reservations, declarations made by the foreign contracting parties with respect to the treaty, legal procedures required for the accession to and other necessary information relating to the accession of the treaty;
d/ Other necessary documents.
Article 53.- Notification of accession to multilateral treaties
1. The Ministry of Foreign Affairs shall notify the depository of a multilateral treaty of the accession to the treaty within fifteen days after the date of signing of the order by the State President to promulgate the National Assembly resolution on the accession to the treaty or after the date of receipt of the decision made by the State President or the Government on the accession to the treaty.
2. The Minister of Foreign Affairs shall sign the instruments of accession to a multilateral treaty to be sent to the depository of the multilateral treaty.
In cases where the Minister of Foreign Affairs is absent, a Vice-Minister of Foreign Affairs, who is authorized by the Minister of Foreign Affairs, shall sign such instruments, unless otherwise provided for by the depository of the multilateral treaty.
3. The Ministry of Foreign Affairs shall notify concerned state agencies of the date of entry into force of a multilateral treaty for the Socialist Republic of Vietnam within fifteen days after the date of receipt of notification by the depository of the multilateral treaty.
Tìm kiếm
Luật Ký kết, gia nhập và thực hiện điều ước quốc tế 2005 (Bản Word)