Chapter VIII
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE CONCLUSION, ACCESSION TO AND IMPLEMENTATION OF TREATIES
Article 97.- Responsibilities of agencies, organizations and individuals
Agencies, organizations and individuals shall have to comply with treaties to which the Socialist Republic of Vietnam is a party.
Article 98.- Responsibilities of the Ministry of Foreign Affairs
In performing the state management over the conclusion, accession to and implementation of treaties, the Ministry of Foreign Affairs shall have the following tasks and powers:
1. To assume the prime responsibility for and coordinate the drafting of legal documents relating to the conclusion, accession to and implementation of treaties;
2. To assume the prime responsibility for organizing the communication and popularization and guiding the implementation of the law on the conclusion, accession to and implementation of treaties;
3. To submit to the Government long-term and annual plans on the conclusion, accession to and implementation of treaties;
4. To submit to the Government reports on an annual basis or when requested; submit to the State President, when requested, reports on the conclusion, accession to and implementation of treaties;
5. To complete diplomatic procedures in relation to the conclusion, accession to and implementation of treaties;
6. To complete diplomatic procedures for the protection of the rights and interests of the Socialist Republic of Vietnam, in case a foreign contracting party infringes a treaty;
7. To take part directly in assisting the conclusion of or accession to treaties during visits by high-level Vietnamese delegations to foreign countries and by high-level foreign delegations to Vietnam;
8. To undertake international cooperation in the conclusion, accession to and implementation of treaties within its competence or as assigned by the Government;
9. To organize the custody, deposit, making of certified copies, publication and registration of treaties;
10. To assume the prime responsibility for or coordinate the organization of the popularization and dissemination of treaties to which the Socialist Republic of Vietnam is a party;
11. To make statistics on, review treaties which the Socialist Republic of Vietnam has concluded or acceded to.
Article 99.- Responsibilities of recommending agencies
Within the scope of their respective tasks and powers, the recommending agencies shall have the following duties:
1. To draw up long- term and annual plans for the conclusion, accession to and implementation of treaties falling within the scope of their state management and to transmit them to the Ministry of Foreign Affairs for sum-up and submission to the Government; annual plans shall be sent to the Ministry of Foreign Affairs on the 15th of October of the previous year at the latest.
2. To take initiative in recommending the completion of legal procedures for treaties;
3. To work out roadmaps and specific measures for the implementation of treaties which are in force for the Socialist Republic of Vietnam and to which they have made recommendations on their conclusion or accession;
4. To assume the prime responsibility for or coordinate the popularization and dissemination of treaties which are in force for the Socialist Republic of Vietnam and to which they have made recommendations on their conclusion or accession;
5. To make recommendations to the Government on necessary measures to protect the rights and interests of the Socialist Republic of Vietnam, in case the treaties to which they have made recommendations on the conclusion or accession are infringed;
6. To make reports on the conclusion, accession to and implementation of treaties within the scope of their state management and send them on the 15th of November at the latest annually to the Ministry of Foreign Affairs for sum-up and submission to the Government. Such reports shall be made in a form set by the Ministry of Foreign Affairs.
When requested, the recommending agencies shall report on the conclusion, accession to and implementation of treaties to the State President or the Government.
Article 100.- Responsibilities for supervision of the conclusion, accession to and implementation of treaties
1. The National Assembly, the National Assembly Standing Committee, the Ethnic Council and Committees of the National Assembly, National Assembly deputies' delegations and individual National Assembly deputies shall be responsible for supervising the conclusion, accession to and implementation of treaties by agencies, organizations and individuals subject to supervision.
2. Supervisory activities shall be carried out in an open and objective manner and in conformity with the legally established competence, process and procedures, and shall not obstruct the normal operation of supervised agencies, organizations and individuals.
Article 101.- Scope of supervision, supervision programs
1. The scope of supervision of the conclusion, accession to and implementation of treaties shall cover:
a/ Supervision of the implementation of the provisions of law on the conclusion, accession to and implementation of treaties;
b/ Supervision of the implementation of treaties.
2. The supervision of the conclusion, accession to and implementation of treaties constitutes a content of the National Assembly's annual supervision program.
Article 102.- Supervisory activities
1. The National Assembly shall conduct supervision through the following:
a/ To review reports of the State President or the Government on the conclusion, accession to and implementation of treaties;
b/ To review reports of the National Assembly Standing Committee on its consideration on the negotiation, signing of and accession to treaties containing provisions that contravene, or have not been made in, legal documents of the National Assembly, or treaties the implementation of which requires amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly;
c/ To review treaties which are in force and to which the State President or the Government has decided on the conclusion and accession but which show signs contrary to the Constitution;
d/ To review answers to inquiries by the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, the president of the Supreme People's Court and the director of the Supreme People's Procuracy about the conclusion, accession to and implementation of treaties.
2. The National Assembly Standing Committee shall conduct supervision through the following activities:
a/ To review reports of the Government on the conclusion, accession to and implementation of treaties;
b/ To review the Government's submission documents on the negotiation, signing of and accession to treaties containing provisions that contravene, or have not been made in, legal documents of the National Assembly, the National Assembly Standing Committee or treaties the implementation of which requires amendment, supplementation, cancellation or promulgation of legal documents of the National Assembly or the National Assembly Standing Committee;
c/ To review treaties which are in force and to which the State President or the Government has decided on the conclusion and accession but which show signs contrary to the Constitution;
d/ Review answers to inquiries by the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, the president of the Supreme People's Court, and the director of the Supreme People's Procuracy about the conclusion, accession to and implementation of treaties during the interval between two National Assembly sessions.
3. The Ethnic Council, Committees of the National Assembly shall conduct supervision through the following activities:
a/ To examine reports of the Government on the conclusion, accession to and implementation of treaties in the domains under the management of the Council or Committees or as assigned by the National Assembly Standing Committee;
b/ To request, in case of necessity, the Government, ministries, ministerial-level agencies, the Supreme People's Court and the Supreme People's Procuracy to report on the issues relating to the conclusion, accession to and implementation of treaties, which are of concern to the Council or Committees.
4. National Assembly deputies' delegations shall conduct supervision through the following activities:
a/ To organize supervisory teams of National Assembly deputies' delegations and make arrangement for the National Assembly deputies of their delegations to supervise the implementation of the provisions of law on the conclusion, accession to and implementation of treaties, and the implementation of treaties in localities;
b/ To request agencies, organizations and individuals in localities to give answers about the issues relating to the conclusion, accession to and implementation of treaties, which are of concern to the National Assembly deputies' delegations;
c/ To appoint, when requested, National Assembly deputies in their delegations to join in the supervisory teams of the National Assembly's bodies to supervise the implementation of the provisions of law on the conclusion, accession to and implementation of treaties, and the implementation of treaties in localities.
5. Individual National Assembly deputies shall conduct supervision through the following activities:
a/ To raise questions to the State President, the National Assembly chairman, the Prime Minister, ministers and other members of the Government, the president of the Supreme People’s Court, and the director of the Supreme People's Procuracy about the conclusion, accession to and implementation of treaties;
b/ To supervise the implementation of the provisions of law on the conclusion, accession to and implementation of treaties, and the implementation of treaties in localities.
Article 103.- Competence to review supervision results
1. On the basis of supervision results, the National Assembly shall have the following powers:
a/ To request the National Assembly Standing Committee, the Government, the Prime Minister, the Supreme People's Court and the Supreme People's Procuracy to issue documents guiding the implementation of treaties;
b/ To request the Government to decide on or to submit to the State President for decision the amendment, termination, denunciation, withdrawal from and suspension of application of the whole or part of a treaty containing provisions showing signs contrary to the Constitution; in cases where such decision falls within the competence of the National Assembly, the State President shall submit the case to the National Assembly for decision;
c/ To issue resolutions on the answers to inquiries and on the responsibilities of answerers, if necessary.
2. On the basis of supervision results, the National Assembly Standing Committee shall have the following powers:
a/ To request the Government to decide or to submit to the State President for decision on the amendment, termination, denunciation, withdrawal from and suspension of application of the whole or part of a treaty containing provisions which show signs contrary to the Constitution; in cases where such decision falls within the competence of the National Assembly, the State President shall submit the case to the National Assembly for decision;
b/ To request competent agencies, organizations and individuals to take measures to promptly terminate the infringement of treaties in Vietnam; request the Government to decide on or to submit to the State President for decision the termination, denunciation, withdrawal from or suspension of application of treaties in case it detects that the infringement of a treaty by a foreign contracting party causes harms to national interests, rights and legitimate interests of organizations and individuals; in cases where such decision falls within the competence of the National Assembly, the State President shall submit the case to the National Assembly for decision;
c/ To issue resolutions on the answers to inquiries and on the responsibilities of the answerers, if necessary.
3. On the basis of supervision results, the Ethnic Council and Committees of the National Assembly shall have the following powers:
a/ To recommend, request the Government, competent agencies to propose or decide on the amendment, termination, denunciation, withdrawal from or suspension of application of the whole or part of a treaty already concluded or acceded by decision of the Government, which shows signs contrary to the Constitution;
b/ To requests competent agencies, organizations and individuals to take measures to promptly terminate the infringement of treaties in Vietnam; request the Government to decide on or to submit to the State President for decision the termination, denunciation, withdrawal from or suspension of application of treaties in case it detects that the infringement of a treaty by a foreign contracting party causes harms to national interests, rights and legitimate interests of organizations and individuals; in cases where such decision falls within the competence of the National Assembly, the State President shall submit the case to the National Assembly for decision;
4. On the basis of supervision results, National Assembly deputies' delegations and individual National Assembly deputies shall have the following powers:
a/ To recommend, request competent agencies, organizations and individuals to amend, supplement, suspend the implementation of, or cancel the whole or part of legal documents for the implementation of treaties;
b/ To recommend, request competent agencies, organizations and individuals to consider and settle the issues relating to state policies and laws on the conclusion, accession to and implementation of treaties;
c/ To recommend, request competent agencies, organizations and individuals to take measures to promptly terminate the infringement of treaties in localities.
Article 104.- Responsibilities of supervised agencies, organizations and individuals
Supervised agencies, organizations and individuals shall have the responsibilities provided for in this Law and in the law on the National Assembly's supervisory activities.
Tìm kiếm
Luật Ký kết, gia nhập và thực hiện điều ước quốc tế 2005 (Bản Word)