CHƯƠNG VII Luật Ký kết, gia nhập và thực hiện điều ước quốc tế 2005: Thực hiện điều ước quốc tế

Chapter VII

IMPLEMENTATION OF TREATIES

Section 1. PLANS FOR IMPLEMENTATION OF TREATIES

Article 71.- Plans for implementation of treaties

1. The recommending agency shall, on the basis of the nature and contents of a treaty and its assigned tasks and powers, submit to the Government for decision on the plan for implementation of the treaty which the Socialist Republic of Vietnam has concluded or acceded to.

2. 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 organization 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 organization, management, financing and other necessary measures for the implementation of the treaty;

e/ Popularization, dissemination of the contents of the treaty.

Article 72.- Order and procedures for submitting for approval plans for implementation of treaties

1. The recommending agency shall consult concerned agencies and organizations on the draft plan for implementation of a treaty within fifteen days after the date of receipt of the notification of the entry into force of the treaty.

2. The consulted agencies and organizations shall make written replies to the recommending agency within fifteen days after the date of receipt of the written requests for opinions.

3. The recommending agency shall submit to the Government for decision the plan for implementation of a treaty within fifteen days after the date of receipt of replies of concerned agencies and organizations.

4. The Prime Minister shall decide on the plan for implementation of a treaty within thirty days after the date of receipt of the draft plan submitted by the recommending agency.

Article 73.- Execution of plans for implementation of treaties

1. After the Prime Minister decides on the plan for implementation of a treaty, the recommending agency and concerned agencies and organizations shall, within the scope of their tasks and powers, be responsible for organizing the execution of the plan.

2. In the course of execution of the plan, if any problems arise in relation to the interpretation, amendment, supplementation, extension, termination, denunciation, withdrawal from, suspension of the implementation of the treaty, the recommending agency shall carry out relevant procedures as provided for in Sections 2, 3 and 4 of this Chapter.

Section 2. INTERPRETATION OF TREATIES

Article 74.- Interpretation of treaties

A treaty shall be interpreted in the following cases:

1. There is a request made by a foreign contracting party for the interpretation of the treaty;

2. There is a request made by the concerned individual, agency or organization for the interpretation of the treaty;

3. Other cases where interpretation is needed.

Article 75.- Requirements and grounds for interpretation of treaties

1. A treaty shall be interpreted in accordance with the spirit, purposes and contents of the treaty and the ordinary meaning of the terms used in the treaty.

2. The grounds for the interpretation of a treaty include:

a/ The text of the treaty and annexes attached thereto;

b/ Any agreement relating to the treaty which was made between all the parties to the treaty in connection with the conclusion of the treaty;

c/ Any instrument which was made by a party(ies) to the treaty in connection with the conclusion of the treaty and accepted by the other parties;

d/ Any agreement relating to the interpretation or implementation of the provisions of the treaty, which is made between the parties to the treaty after signing the treaty;

e/ Practice in the interpretation of the treaty, which is accepted by the parties to the treaty;

f/ Relevant rules of international law applicable in the relations between the parties to the treaty.

4. In cases where all the grounds stated in Clauses 2 of this Article had been applied for the interpretation but the results of interpretation remain unclear or unreasonable, competent state agencies shall give interpretation on the basis of the preparatory work of the treaty, the circumstances of the conclusion of the treaty and other grounds.

Article 76.- Competence to interpret treaties, contents of decision to interpret treaties

1. The National Assembly Standing Committee shall, on its own initiative or at the proposal of the State President, the Government, the Supreme People's Court, the Supreme People's Procuracy, the Ethnic Council, Committees of the National Assembly, the Central Committee of the Vietnam Fatherland Front, the Front's members or National Assembly deputies, decide on the interpretation of treaties in the following cases;

a/ Treaties which the National Assembly has decided on the ratification of or accession to.

b/ Treaties containing provisions which contravene, or have not yet been made in, legal documents of the National Assembly; treaties the implementation of which requires amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly;

c/ Treaties containing provisions which contravene, or have not yet been made in, legal documents of the National Assembly Standing Committee; treaties the implementation of which requires amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly Standing Committee;

d/ Other necessary cases.

2. The Government shall, on its own initiative or at the request of the recommending agency, decide on the interpretation of treaties which were concluded or acceded to in the name of the State or in the name of the Government, except in the cases stated in Clause 1 of this Article.

3. Decisions on the interpretation of treaties must be expressed in writing. A written interpretation of a treaty shall contain the following contents:

a/ The title, time and place of signing of the treaty that is interpreted;

b/ The contents of the interpretation of the treaty;

c/ The responsibilities of the recommending agency, the Ministry of Foreign Affairs and other concerned agencies and organizations.

Article 77.- Order and procedures for submitting recommendations and deciding on interpretation of treaties

1. The recommending agency shall have to obtain written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations within thirty days after the date of receipt of the request for interpretation of a treaty sent by a foreign contracting party or forwarded by the Ministry of Foreign Affairs or made by a concerned Vietnamese agency or organization.

2. The consulted agencies and organizations shall have to make written replies to the recommending agency within fifteen days after the date of receipt of the written requests for opinions.

3. The recommending agency shall have to submit to the Government the contents of interpretation within thirty days after the date of receipt of the written opinions of the agencies and organizations stated in Clause 1 of this Article.

4. The Government shall decide:

a/ On the interpretation of a treaty specified in Clause 2, Article 76 of this Law within thirty days after the date of receipt of the dossier submitted by the recommending agency; to report to the State President on the interpretation of a treaty in the name of the State at least fifteen days before making decision on the interpretation of the treaty;

b/ To submit to the National Assembly Standing Committee the interpretation of a treaty stated at Point c or Point d, Clause 1, Article 76 of this Law, within thirty days after the date of receipt of the dossier submitted by the recommending agency.

c/ To submit to the State President for further submission to the National Assembly Standing Committee the interpretation of a treaty stated at Point a or Point b, Clause 1, Article 76 of this Law, within thirty days after the date of receipt of the dossier submitted by the recommending agency.

5. The State President shall submit to the National Assembly Standing Committee the interpretation of a treaty stated at Point c, Clause 4 of this Article, within thirty days after the date of receipt of the dossier submitted by the Government.

6. The National Assembly Standing Committee shall interpret a treaty within thirty days after the date of receipt of the dossier submitted by the State President or the Government.

Article 78.- Dossiers of submission of or reporting on interpretation of treaties

A dossier of submission of or reporting on the interpretation of a treaty shall comprise:

1. A submission document, which clearly states the requirement, grounds for interpretation of the treaty, and the proposed interpretation;

2. A copy of the treaty and the Vietnamese translation of the treaty in case the treaty was signed only in foreign language(s);

3. The request for interpretation, made by a foreign contracting party or a concerned Vietnamese agency or organization;

4. Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and concerned Vietnamese agencies and organizations;

5. Other necessary documents.

Article 79.- Notification of the interpretation of treaties

1. In case a request for interpretation of a treaty is made by a foreign contracting party, the Ministry of Foreign Affairs shall notify the foreign contracting party of the contents of the interpretation of the treaty by the Vietnamese side within fifteen days after the date of receipt of the written interpretation from the competent state agency.

In cases where the foreign contracting party, after being notified by the Vietnamese side of the contents of the interpretation of a treaty, makes a new request for the interpretation of the treaty, the process and procedures for further interpretation of the treaty shall comply with the provisions of Article 77 of this Law.

2. In cases where a concerned Vietnamese state agency requests the interpretation of a treaty, the recommending agency shall notify this agency of the contents of the interpretation within ten days after the date of receipt of the written interpretation from the competent state agency.

3. In cases where the Vietnamese side requests a foreign contracting party to interpret a treaty, the Ministry of Foreign Affairs shall notify the recommending agency or concerned Vietnamese state agency of the contents of the interpretation of the treaty by the foreign contracting party within fifteen days after the date of receipt of the written interpretation from the foreign contracting party.

In cases where the Vietnamese side, after being notified by the foreign contracting party of the contents of the interpretation of a treaty, makes a new request for the interpretation of the treaty, the process and procedures for further interpretation of the treaty shall comply with the provisions of Article 77 of this Law.

Section 3. AMENDMENT, SUPPLEMENTATION AND EXTENSION OF TREATIES

Article 80.- Amendment, supplementation and extension of treaties

Treaties may be amended, supplemented or extended as provided for in the treaties or as agreed upon between the Vietnamese side and the foreign contracting parties.

Article 81.- Competence to decide on amendment, supplementation or extension of treaties and contents of such decision

1. The National Assembly shall decide to amend, supplement or extend treaties which it has decided on the ratification of or accession to.

2. The State President shall decide to amend, supplement or extend treaties which he/she has decided on the signing, ratification of or accession to.

3. The Government shall decide to amend, supplement or extend treaties of which it has decided on the approval, accession to or signing and which are not subject to ratification.

4. Decisions on the amendment, supplementation or extension of treaties shall be made in writing. Such a decision shall contain the following contents:

a/ The title, time and place of signing and the date of entry into force of the treaty that is amended, supplemented or extended;

b/ The contents of amendment, supplementation or the duration for which the treaty is extended;

c/ The responsibilities of the recommending agency, the Ministry of Foreign Affairs and other concerned agencies and organizations.

Article 82.- Order and procedures for submitting and deciding on amendment, supplementation or extension of treaties

1. The recommending agency shall have to obtain written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations within fifteen days after the date of receipt of the request for amendment, supplementation or extension of a treaty sent by a foreign contracting party or forwarded by the Ministry of Foreign Affairs or made by a concerned Vietnamese agency or organization.

2. The consulted agencies and organizations shall have to make written replies to the recommending agency within fifteen days after the date of receipt of the written requests for opinions.

3. The recommending agency shall have to submit to the Government the amendment, supplementation or extension of a treaty within thirty days after the date of receipt of the written opinions of the agencies and organizations stated in Clause 1 of this Article.

At least ninety days before a treaty ceases to be effective, the recommending agency shall have to submit to the Government the extension of the effect of the treaty, unless otherwise provided for in the treaty or otherwise agreed upon by the Vietnamese side and the foreign contracting party.

4. The Government shall decide:

a/ On the amendment, supplementation or extension of a treaty specified in Clause 3, Article 81 of this Law within fifteen days after the date of receipt of the dossier submitted by the recommending agency;

b/ To submit to the State President for decision the amendment, supplementation or extension of a treaty specified in Clause 2, Article 81 of this Law within fifteen days after the date of receipt of the dossier submitted by the recommending agency.

5. The State President shall decide:

a/ On the amendment, supplementation or extension of a treaty specified in Clause 2, Article 81 of this Law within thirty days after the date of receipt of the dossier submitted by the Government;

b/ To submit to the National Assembly for decision the amendment, supplementation or extension of a treaty specified in Clause 1, Article 81 of this Law within fifteen days after the date of receipt of the dossier submitted by the Government.

6. The National Assembly shall decide on the amendment, supplementation or extension of a treaty at its session in the order and according to the procedures similar to those 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 similar to those provided for in Articles 34 to 37 of this Law.

Article 83.- Dossiers submitted for amendment, supplementation or extension of treaties

A dossier submitted for the amendment, supplementation or extension of a treaty shall comprise:

1. A submission document, which clearly states the purpose, requirement, legal grounds and legal consequences of the amendment, supplementation or extension of the treaty;

2. A copy of the treaty and the Vietnamese translation in case the treaty was signed only in foreign language(s);

3. The request made by a foreign contracting party or a concerned Vietnamese state agency, concerning the amendment, supplementation or the extended duration of the treaty;

4. Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations;

5. Other necessary documents.

Article 84.- Notification of amendment, supplementation or extension of treaties

1. The Ministry of Foreign Affairs shall coordinate with the recommending agency in notifying the foreign contracting party(ies) of the amendment, supplementation or extension of a treaty within fifteen days after the date of receipt of the decision made by a competent state agency on the amendment, supplementation or extension of the treaty.

2. The Ministry of Foreign Affairs shall notify the recommending agency and concerned state agencies of the amendment, supplementation or extension of a treaty within fifteen days after the date of entry into force of the amendment, supplementation or extension of the treaty.

Section 4. TERMINATION, DENUNCIATION, WITHDRAWAL FROM, SUSPENSION OF APPLICATION OF THE WHOLE OR PART OF TREATIES

Article 85.- Grounds for termination, denunciation, withdrawal from, suspension of application of the whole or part of treaties

1. The termination, denunciation, withdrawal from, or suspension of application of the whole or part of a treaty shall be effected in accordance with the provisions of the treaty or with the agreement between the Vietnamese side and the foreign contracting party(ies).

2. A treaty may be terminated, denounced, withdrawn or suspended from application in the following cases:

a/ In accordance with the provisions of the treaty or the agreement of all parties to the treaty;

b/ Due to the conclusion of a later treaty relating to the same subject matter;

c/ As a consequence of an infringement of the treaty;

d/ As the subject of the treaty ceases to exist or is cancelled;

e/ Due to a fundamental change of the circumstances which existed at the time of the conclusion of or accession to the treaty, which affects the implementation of the treaty;

f/ As a consequence of the severance of diplomatic or consular relations;

g/ Due to the emergence of a newly formed peremptory norm of general international law.

3. A multilateral treaty may be suspended from application by agreement between only a certain numbers of the parties to the treaty.

Article 86.- Termination or suspension of application of the whole or part of a treaty due to the conclusion of a later treaty on the same subject matter

1. A treaty between Vietnamese side and another party shall terminate in case the Vietnamese side and such party subsequently sign a new treaty on the same subject matter, except for the case stated in Clause 2 of this Article.

2. The previously signed treaty stated in Clause 1 of this Article shall be provisionally suspended from application if it is so agreed between the Vietnamese side and the other party(ies) to the treaty.

Article 87.- Termination or suspension of application of the whole or part of a treaty as a consequence of its infringement

1. The Socialist Republic of Vietnam may terminate or suspend the application of the whole or part of a bilateral treaty in case the foreign contracting party makes a serious infringement of the treaty.

2. In case of an express infringement made by one or more parties of a multilateral treaty to which Vietnam is a party, the Vietnamese side may:

a/ Reach agreement with other parties on the termination or suspension of application of the whole or part of the treaty in the relations between the Vietnam, such parties and the infringing party or between the Vietnamese side and such parties.

b/ Suspend from application the whole or part of the multilateral treaty in the relations between the Vietnamese party and the infringing party if the Vietnamese side is seriously affected by such infringement.

c/ Suspend from application the whole or part of the multilateral treaty in the relations between the Vietnamese side and other parties if the infringement fundamentally changes the continued performance of the obligations arising under the treaty by the Vietnamese side and other parties.

Article 88.- Termination, denunciation, withdrawal from, or suspension of, application of treaties as their objects cease to exist or are cancelled

1. The Vietnamese side may terminate, denounce, or withdraw from a treaty in case the object that is closely linked to the application of the treaty ceases to exist or was cancelled.

2. The Vietnamese side may suspend the application of a treaty in case of temporary impossibility of application of the treaty.

Article 89.- Termination, denunciation, withdrawal from, or suspension of, application of treaties due to fundamental change of circumstances existing at the time of the conclusion or accession

1. The Vietnamese side may invoke a fundamental change of the circumstances existing at the time of conclusion of or accession to a treaty as a ground for terminating, denouncing or withdrawing from, or suspending the application of a treaty if the existence of such circumstances constitutes an essential basis of the consent of the Vietnamese side to be bound by the treaty and such change radically transforms the scope of obligations still to be performed by the Vietnamese side under the treaty.

2. The provisions of Clause 1 of this Article shall not apply to treaties defining national boundaries between the Vietnamese side and other parties to such treaties.

Article 90.- Termination or suspension of application of treaties due to severance of diplomatic or consular relations

In case of a severance of the diplomatic relations or consular relations between the Socialist Republic of Vietnam and another party to a treaty and the existence of such diplomatic relations or consular relations is indispensable for the application of the treaty, the recommending agency shall have to submit to the Government the termination or suspension of application of the treaty.

Article 91.- Termination of treaties due to their conflict with newly emerging peremptory norm of general international law

In cases where a new peremptory norm of general international law emerges, any treaties in force which are in conflict with such new norm shall become void and terminate.

Article 92.- Suspension of application of multilateral treaties by agreement between certain parties to the treaties

1. The Vietnamese side may conclude an agreement with certain parties to a multilateral treaty on the suspension of the application of some provisions of the treaty in the relations between the Vietnamese side and such parties in the following cases:

a/ The treaty contains a provision to that effect;

b/ Such suspension of application is not prohibited by the treaty, provided that such suspension does not affect the rights and obligations of other parties arising under the treaty and is not in conflict with the object and purpose of the treaty.

2. The Vietnamese side shall notify other remaining parties of the conclusion of the agreement and the specified provisions of the treaty that the Socialist Republic of Vietnam has the intention to suspend their application, unless otherwise provided for in the treaty.

Article 93.- Competence to decide on the termination, denunciation, withdrawal from and suspension of the application of treaties and contents of such decision

1. The National Assembly shall decide on the termination, denunciation, withdrawal from or suspension of the application of treaties to which it has decided on the ratification or accession.

2. The State President shall decide on the termination, denunciation, withdrawal from or suspension of application of treaties to which he/she has decided on the signing, ratification or accession to.

3. The Government shall decide on the termination, denunciation, withdrawal from, or suspension of the application of treaties of which it has decided on the approval, accession to, or signing and which are not subject to ratification.

4. Decisions to terminate, denounce, withdraw from, or suspend the application of treaties shall be expressed in writing, each containing the following contents:

a/ The title, time and place of signing and the valid duration of the treaty to be terminated, withdrawn from, denounced or suspended of application.

b/ The responsibilities of the recommending agency, the Ministry of Foreign Affairs and concerned agencies and organizations.

Article 94.- Order and procedures for submitting and deciding on termination, denunciation, withdrawal from and suspension of the application of treaties

1. The recommending agency shall have to obtain written opinions from the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations within fifteen days after the date of receipt of the request for termination, denunciation, withdrawal from or suspension of the application of a treaty sent by a foreign contracting party or forwarded by the Ministry of Foreign Affairs or made by a concerned Vietnamese state agency.

2. The consulted agencies and organizations shall have to make written replies to the recommending agency within fifteen days after the date of receipt of the written requests for opinions.

3. The recommending agency shall have to submit to the Government the termination, denunciation, withdrawal from or suspension of the application of a treaty within thirty days after the date of receipt of the written opinions of the agencies and organizations stated in Clause 1 of this Article.

4. The Government shall decide:

a/ On termination, denunciation, withdrawal from or suspension of the application of a treaty specified in Clause 3, Article 93 of this Law within fifteen days after the date of receipt of the dossier submitted by the recommending agency;

b/ To submit to the State President for decision termination, denunciation, withdrawal from or suspension of the application of a treaty specified in Clause 2, Article 93 of this Law within fifteen days after the date of receipt of the dossier submitted by the recommending agency.

5. The State President shall decide:

a/ On termination, denunciation, withdrawal from or suspension of the application of a treaty specified in Clause 2, Article 93 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 termination, denunciation, withdrawal from or suspension of the application of a treaty specified in Clause 1, Article 93 of this Law within fifteen days after the date of receipt of the dossier submitted by the Government.

6. The National Assembly shall decide on the termination, denunciation, withdrawal from or suspension of the application of a treaty at its session in the order and according to the procedures similar to those 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 similar to those provided for in Articles 34 to 37 of this Law.

Article 95.- Dossiers submitted for the termination, denunciation, withdrawal from, suspension of the application of treaties

A dossier submitted for the termination, denunciation, withdrawal from or suspension of the application of a treaty shall comprise:

1. A submission document, which clearly states the reasons, legal grounds and legal consequences of the termination, denunciation, withdrawal from or suspension of the application of the treaty;

2. A copy of the treaty and the Vietnamese translation in case the treaty was signed only in foreign language(s);

3. The request made by a foreign contracting party or a concerned Vietnamese state agency, concerning the termination, denunciation, withdrawal from or suspension of the application of the treaty;

4. Opinions of the Ministry of Foreign Affairs, the Ministry of Justice and concerned agencies and organizations;

5. Other necessary documents.

Article 96.- Notification on the termination, denunciation, withdrawal from or suspension of the application of treaties

1. The recommending agencies shall coordinate with the Ministry of Foreign Affairs in carrying out the procedures for terminating, denouncing, withdrawing from or suspending the application of treaties within thirty days after the date of receipt of the decisions made by competent state agencies specified in Article 93 of this Law.

The Ministry of Foreign Affairs shall notify the foreign contracting parties of the termination, denunciation, withdrawal from or suspension of the application of bilateral treaties which were concluded by the Socialist Republic of Vietnam.

2. The Minister of Foreign Affairs shall sign the notifications on the termination, denunciation, withdrawal from or suspension of the application of multilateral treaties to be sent to the depositories of such multilateral treaties.

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 notifications, unless otherwise provided for by the depository of the multilateral treaty.

3. The Ministry of Foreign Affairs shall notify concerned state agencies of the termination, denunciation, withdrawal from or suspension of the application of treaties within fifteen days after the date the termination, denunciation, withdrawal from or suspension of the application of treaties becomes effective.

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