Chương I Luật Thỏa thuận quốc tế 2020: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Law set forth rules, powers, procedures for conclusion, amendments, renewal, termination, withdrawal, suspension, and implementation of international agreements, responsibilities of relevant authorities in conclusion and implementation of international agreements.

2. This Law does not govern the conclusion and implementation of agreements on official development assistance (ODA) and concessional loans of foreign grant funding bodies as per the law on public debt management; agreements on lending, aids of Vietnam to foreign parties as per the law on lending and aids of Vietnam to foreign parties; agreements on foreign non-governmental aids as per the law on foreign non-governmental aids; contracts under civil law; project contracts under public-private partnership investment as per the law on public-private partnership investment.

Article 2. Interpretation of terms

For the purpose of this Law, these terms below shall be construed as follows:

1. “international agreement” means a written agreement on international cooperation between a Vietnamese contracting party, within its functions, tasks and powers, and a foreign contracting party, which does not give rise to, alter or terminate a right or obligation of the Socialist Republic of Vietnam under international law.

2. “Vietnamese contracting party” refers to:

a) the State, the National Assembly, the Government;

b) the Nationality Council, Committees of National Assembly (hereinafter referred to as agencies of the National Assembly), Secretary General of National Assembly, the Office of the National Assembly, agencies affiliated to the Standing Committee of National Assembly, State Audit;

c) the President's Office, the Supreme People’s Court, the Supreme People’s Procuracy;

d) Ministries, ministerial-level agencies, Governmental agencies;

dd) the People’s Council, the People's Committee of province (hereinafter referred to as provincial regulatory bodies);

e) General Department, Departments affiliated to Ministries, ministerial-level agencies;

g) specialized agencies affiliated to the People's Committee of province;

h) the People’s Committee of district;

i) the People’s Committee of commune in border areas; or

k) central agencies of socio-political organizations, political-socio-professional organizations, social organizations, socio-professional organizations (hereinafter referred to as central agencies of organizations); provincial agencies of socio-political organizations, political-socio-professional organizations, social organizations, socio-professional organizations (hereinafter referred to provincial agencies of organizations).

3. “central regulatory body” refer to authorities prescribed in points b, c and d clause 2 hereof.

4. “foreign contracting party” means the State, the National Assembly, the Government, local government, an authority established under foreign law, international organization or individual.

5. “conclusion" means a legal act performed by a competent person or authority, including signing, ratification of international agreement or exchange of instruments constituting an international agreement.

6. “signing” means a legal act performed by a competent or authorized person, by his/her signature, to accept the binding of an international agreement on the agency or organization that concludes the international agreement.

7. “termination of international agreement” means a legal act performed by the Vietnamese contracting party to denounce the validity of the international agreement.

8. “withdrawal from international agreement” means to a legal act performed by the Vietnamese contracting party to denounce the consent to be bound by the international agreement.

9. “suspension of international agreement” means a legal act performed by the Vietnamese contracting party to suspend the full or partial implementation of the international agreement.

Article 3. Rules for conclusion and implementation of international agreements

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam, national interests, foreign policy of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory; compliance with the principle of respect for national sovereignty, non-interference in the internal affairs of countries and other basic principles of international law.

2. The conclusion of an international agreement may not give rise to, alter or terminate the rights and obligations of the Socialist Republic of Vietnam in accordance with international law; may not conclude an international agreement on matters that must be achieved through the conclusion of a treaty in accordance with law.

3. Assurance of the external relations and effectiveness of the concluded international agreement, within the state budget allocated or autonomous budget according to the provisions of law.

4. In conformity with the functions, tasks and powers of the agencies or organizations concluding international agreements and with the procedures for concluding international agreements specified in this Law.

5. The conclusion of international agreements by agencies and organizations specified at Points b, c, d, dd, e, g, h, i and k, Clause 2, Article 2 of this Law shall not be binding on the State, the National Assembly, the Government or Vietnamese agencies or organizations that have not concluded these international agreements.

6. Communal People's Committees in border areas only conclude international agreements with foreign contracting parties being equivalent local governments on information exchange, pairing, cooperation in border management in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

7. The Vietnamese contracting party is responsible for implementing the signed international agreement, and at the same time, has the right to request the foreign contracting party also implement such international agreement in a spirit of friendship and cooperation.

Article 4. Contents of the state management of international agreements

1. Promulgating legislative documents on international agreements.

2. Ensuring the conclusion and implementation of international agreements as per the law.

3. Raising awareness and guiding the implementation of the law on international agreements.

4. Releasing statistics and archiving of international agreements.

5. Inspecting, commending and handling violations of the law on international agreements.

6. Settle complaints and whistleblowing related to the conclusion and implementation of international agreements.

Article 5. Regulatory bodies of international agreements

1. The Government performs the unified state management of international agreements.

2. The Ministry of Foreign Affairs shall be held accountable to the Government for performing the state management of international agreements.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements in the name of their respective agencies and general departments or departments affiliated to the ministries and ministerial-level agencies.

4. People's Committees of provinces shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Foreign Affairs in performing the state management of international agreements in the name of their respective agencies or specialized agencies affiliated to the People's Committees of provinces, districts, communes in border areas.

Article 6. Name of international agreement

An international agreement is concluded under the name of an agreement, announcement, statement, letter of intent, memorandum, minutes of settlement, minutes of exchange, cooperation program, cooperation plan or other name, other than the specific names of international treaties including conventions, treaties, agreements.

Article 7. Language of international agreement

An international agreement must be written in Vietnamese, unless otherwise agreed between the Vietnamese contracting party and the foreign contracting party. In cases where the international agreement only has a document in a foreign language, the Vietnamese contracting party shall translate the international agreement into Vietnamese.

The document in Vietnamese must keep the content accurate and the form consistent with the document in foreign language ​​of the international agreement.