Chương IV Luật Thỏa thuận quốc tế 2020: Trình tự, thủ tục rút gọn

Article 35. Requirements for application of reduced procedures for conclusion of international agreements

1. Reduced procedures for conclusion of international agreements in the name of the State, the National Assembly or the Government will apply if the following requirements are met:

a) The conclusion of international agreements is consistent with policies and projects that obtain approval from the State President, Prime Minister, President of the National Assembly or from competent authorities with the consent of the State President, Prime Minister or President of the National Assembly;

b) In urgent cases due to political and foreign affair requirements.

2. The reduced procedures apply to the conclusion of international agreements in the name of central regulatory bodies, provincial regulatory bodies and central agencies of organizations will apply if the following requirements are met:

a) Obtaining the permission of a competent authority to sign in the visit of a Vietnamese high-level delegation in a foreign country or a foreign high-level delegation in Vietnam;

b) In urgent cases due to political, foreign affairs, emergency relief, and disaster or epidemic recovery.

Article 36. Reduced procedures for concluding international agreements in the name of the State

1. The Ministry, ministerial-level agency and Governmental agency shall send a proposal for conclusion of an international agreement to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

2. The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

3. The Ministry, ministerial-level agency and Governmental agency shall conclude the international agreement as to the policy or project already approved by the competent authority as prescribed in point a clause 1 Article 35 of this Law.

4. In cases where there are differing opinions between the Ministry, ministerial-level agency and Governmental agency and consulting entities about the necessity to conclude the international agreement; compliance with the principles specified in Article 3 of this Law; or requirements for application of reduced procedures specified in Clause 1, Article 35 of this Law, the Ministry, ministerial-level agency and Governmental agency shall propose the Government to seek the decision from the State President. Documents required are specified in Article 28 of this Law. The conclusion of the international agreement shall be proceeded following a written consent from the State President.

Article 37. Reduced procedures for concluding international agreements in the name of the National Assembly

1. The Foreign Affairs Committee of the National Assembly shall send a proposal for conclusion of an international agreement to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

2. The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

3. The Foreign Affairs Committee of the National Assembly shall conclude the international agreement as to the policy or project already approved by the competent authority as prescribed in point a clause 1 Article 35 of this Law.

4. In cases where there are differing opinions between the Foreign Affairs Committee of the National Assembly and consulting entities about the necessity to conclude the international agreement; compliance with the principles specified in Article 3 of this Law; or requirements for application of reduced procedures specified in Clause 1, Article 35 of this Law, Foreign Affairs Committee of the National Assembly shall propose the Deputy President of National Assembly to seek the decision from the President of National Assembly. Documents required are specified in Article 28 of this Law. The conclusion of the international agreement shall be proceeded following a written consent from the President of the National Assembly.

Article 38. Reduced procedures for concluding international agreements in the name of the Government

1. The Ministry, ministerial-level agency and Governmental agency shall send a proposal for conclusion of an international agreement to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

2. The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

3. The Ministry, ministerial-level agency and Governmental agency shall conclude the international agreement as to the policy or project already approved by the competent authority as prescribed in point a clause 1 Article 35 of this Law.

4. In cases where there are differing opinions between the Ministry, ministerial-level agency and Governmental agency and consulting entities about the necessity to conclude the international agreement; compliance with the principles specified in Article 3 of this Law; or requirements for application of reduced procedures specified in Clause 1, Article 35 of this Law, the Ministry, ministerial-level agency and Governmental agency shall seek the decision from the Prime Minister. Documents required are specified in Article 28 of this Law. The conclusion of the international agreement shall be proceeded following a written consent from the Prime Minister.

Article 39. The reduced procedures for conclusion of international agreements in the name of central regulatory bodies, provincial regulatory bodies and central agencies of organizations

1. The central regulatory body, provincial regulatory body and central agency of organization shall send a proposal for conclusion of an international agreement to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

2. The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

Article 40. Consultation requests regarding proposals for conclusion of international agreements under reduced procedures

1. A consultation request shall at least contain:

a) Requirements and purposes of concluding an international agreement;

b) The main contents of the international agreement;

c) Assessment of the impact of the international agreement on politics, foreign affairs, national defense, security, socio-economic and other impacts;

d) Compliance with the principles as prescribed in Article 3 hereof; grounds for application of reduced procedures.

2. Documentary evidence for application of reduced procedures is specified in Article 35 of this Law.

3. Draft international agreement document in Vietnamese and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required.

Article 41. Amendment and renewal of an international agreement under reduced procedures

1. For minor amendments or renewals, within the scope of their assigned functions, tasks, powers and no new international agreement is going to be concluded, the central regulatory body, provincial regulatory body and central agency of organization will not necessarily seek consultation from relevant entities. The consulting entities shall respond in writing within 3 working days after receiving a duly completed proposal specified in Article 40 of this Law.

2. In cases where an international agreement designates an agency to amend the contents of the international agreement, such agency shall decide the amendment without having to seek consultation from other agencies or organizations, unless otherwise decided by the agency or person competent to decide the conclusion of the international agreement.