Chapter IV
RESERVATIONS TO MULTILATERAL TREATIES
Article 54.- Reservations made by the Socialist Republic of Vietnam
1. The recommending agency shall have to clearly state, in its submission document submitted to the Government on the signing, approval, ratification of or accession to a multilateral treaty to which reservations are allowed and which contain provision(s) to which the Socialist Republic of Vietnam should declare its reservation(s), the proposal for reservation(s), the requirements, contents and time for declaration of reservations.
2. The recommending agency shall have to clearly state, in its submission document submitted to the Government on the ratification or approval of a multilateral treaty, the proposal to formally confirm the reservation(s) declared by the Socialist Republic of Vietnam at the time of signing of the multilateral treaty.
3. The state agency competent to decide on the signing, ratification, approval of or accession to a multilateral treaty shall also be competent to decide on making reservation(s) to such treaty.
Article 55.- Notification of reservations made by the Socialist Republic of Vietnam
1. The recommending agency shall coordinate with the Ministry of Foreign Affairs in notifying the depository of a multilateral treaty of the reservation(s) made by the Socialist Republic of Vietnam at the time of signing of such treaty.
2. The Ministry of Foreign Affairs shall notify the depository of a multilateral treaty of the reservation(s) made by the Socialist Republic of Vietnam within fifteen days after the date of receipt of the decision made by competent state agency on the ratification, approval of or accession to the treaty which contains provision(s) of which the Socialist Republic of Vietnam declares its reservations or which requires subsequent confirmation of reservation(s) declared at the time of signing of the treaty.
3. The Ministry of Foreign Affairs shall notify concerned state agencies of the entry into force of the declaration of the Socialist Republic of Vietnam on the reservation(s) made to the treaty within fifteen days after the date of receipt of the notification from the depository of the multilateral treaty.
Article 56.- Acceptance of or objection to reservations made by foreign contracting parties
1. The recommending agency shall, in its submission document submitted to the Government on the signing, ratification, approval of or accession to a multilateral treaty which permits reservations and stipulates that reservations are subject to acceptance by the contracting parties, have to clearly state the requirement and the contents of the acceptance of or objection to reservations made by the foreign contracting party(ies), the proposed time to express acceptance or objection to such reservations and the legal consequences of such acceptance or objection.
2. In cases where a foreign contracting party makes a reservation to a multilateral treaty after the recommending agency submits to the Government the signing, ratification, approval or accession to the multilateral treaty, the recommending agency shall have to additionally submit the recommendation on the acceptance of or objection to such reservation, after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations.
3. A dossier submitted by the recommending agency on the additional recommendation on the acceptance of or objection to a reservation as provided for in Clause 2 of this Article shall comprise:
a/ The recommending agency's submission document with the contents specified in Clause 1 of this Article;
b/ A copy of the multilateral treaty and the Vietnamese translation of the treaty;
c/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations;
d/ Other necessary documents.
Article 57.- Competence to decide on acceptance of or objection to reservations made by foreign contracting parties
1. The National Assembly shall decide to accept or object to reservations made by foreign contracting parties with respect to multilateral treaties to which the National Assembly has decided on the ratification or accession.
2. The State President shall decide to accept or object to reservations made by foreign contracting parties with respect to multilateral treaties to which the State President has decided on the signing, ratification or accession.
3. The Government shall decide to accept or object to reservations made by foreign contracting parties with respect to multilateral treaties to which the Government has decided on the signing, approval or accession.
The acceptance of or objection to reservations must be established in writing.
Article 58.- Order and procedures for submitting recommendations and deciding on the acceptance of or objection to reservations made by foreign contracting parties
1. The order and procedures for submitting recommendations and deciding on the acceptance or objection to reservations made by foreign contracting parties with respect to multilateral treaties shall be similar to those provided for in Article 38 of this Law.
2. The National Assembly shall decide to accept or object to reservations made by foreign contracting parties with respect to multilateral treaties upon deciding on the ratification or accession to the multilateral treaties or after the receipt of the supplementary submission documents on the acceptance of or objection to the reservations.
3. The State President or the Government shall decide to accept or object to reservations made by foreign contracting parties with respect to multilateral treaties upon deciding on the signing, ratification, approval of or accession to the treaties or within thirty days after the date of receipt of the supplementary submission documents on the acceptance of or objection to the reservations.
Article 59.- Notification of the acceptance of or objection to reservations made by foreign contracting parties
1. The recommending agencies shall coordinate with the Ministry of Foreign Affairs in notifying the depository of multilateral treaties of the declarations made by the Socialist Republic of Vietnam on the acceptance of or objection to reservations made by foreign contracting parties, within fifteen days after the date of receipt of the decisions made by competent state agencies.
2. The Ministry of Foreign Affairs, when sending the instruments of ratification, approval of or accession to treaties, shall notify the depository of the multilateral treaties of the acceptance of or objection to reservations made by foreign contracting parties within fifteen days after the date of receipt of the decisions made by competent state agencies.
3. The Minister of Foreign Affairs shall sign the diplomatic notices on the acceptance of or objection to reservations to be sent to the depository of the multilateral treaties within fifteen days after the date of receipt of the decisions made by competent state agencies.
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 notices, unless otherwise provided for by the depository of the multilateral treaties.
4. The Ministry of Foreign Affairs shall notify concerned state agencies of the entry into force of the acceptance of or objection to reservations within fifteen days after the date of receipt of the notification from the depository of the multilateral treaty.
Article 60.- Withdrawal of reservations or withdrawal of objection to reservations
1. The recommending agencies shall have to submit to the Government the withdrawal of reservations or withdrawal of objection to reservations, after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations.
2. State agencies competent to decide to make reservations or object to reservations shall be competent to decide to withdraw such reservations or such objection to reservations.
The order and procedures for submitting recommendations and deciding on the withdrawal of reservations or withdrawal of objection to reservations shall be similar to those provided for in Article 38 of this Law.
The withdrawal of reservations or withdrawal of objection to reservations must be expressed in writing.
3. A dossier submitted for withdrawal of a reservation or withdrawal of objection to a reservation shall comprise:
a/ The submission document on the withdrawal of the reservation or withdrawal of the objection to the reservation, the legal consequences of the withdrawal of the reservation or withdrawal of objection to the reservation;
b/ A copy of the treaty and the Vietnamese translation of the treaty;
c/ Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations;
d/ Other necessary documents;
4. The procedures for notification of withdrawal of reservations or withdrawal of objection to reservations shall be similar to those provided for in Articles 55 and 59 of this Law.
Tìm kiếm
Luật Ký kết, gia nhập và thực hiện điều ước quốc tế 2005 (Bản Word)