Nghị định số 64/2021/NĐ-CP của Chính phủ: Về ký kết và thực hiện thỏa thuận quốc tế nhân danh tổng cục, cục thuộc bộ, cơ quan ngang bộ; cơ quan chuyên môn thuộc Ủy ban nhân dân cấp tỉnh; Ủy ban nhân dân cấp huyện; Ủy ban nhân dân cấp xã ở khu vực biên giới; cơ quan cấp tỉnh của tổ chức

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 64/2021/ND-CP	Hanoi, June 30, 2021

 

DECREE

ON CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE NAME OF GENERAL DEPARTMENTS, DEPARTMENTS AFFILIATED TO MINISTRY, MINISTERIAL-LEVEL AGENCIES; SPECIALIZED AGENCIES AFFILIATED TO PROVINCE-LEVEL PEOPLE'S COMMITTEES; DISTRICT-LEVEL PEOPLE'S COMMITTEES; BORDER COMMUNE-LEVEL PEOPLE'S COMMITTEES; PROVINCIAL AGENCIES OF ORGANIZATIONS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Organization of Local Governments dated June 19, 2015;

Pursuant to Law on amendments to the Law on Organization of Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on International Agreements dated November 13, 2020;

At the request of the Minister of Foreign Affairs;

The Government promulgates a Decree on conclusion and implementation of international agreements in the name of the general departments, departments affiliated to ministry, ministerial-level agencies; specialized agencies affiliated to province-level People's Committees; district-level People's Committees; border commune-level People's Committees; provincial agencies of organizations.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates clause 3 Article 20 and clause 2 Article 23 of the Law on International Agreements on conclusion and implementation of international agreements in the name of the general departments, departments affiliated to ministry, ministerial-level agencies; specialized agencies affiliated to province-level People's Committees; district-level People's Committees; border commune-level People's Committees; provincial agencies of organizations (hereinafter referred to as affiliated entities).

Article 2. Regulated entities

1. This Decree shall apply to the conclusion and implementation of international agreements in the name of the following agencies and organizations:

a) General departments, departments affiliated to ministry, ministerial-level agencies (hereinafter referred to as department-level agencies);

b) Specialized agencies affiliated to the People's Committees of provinces and central-affiliated cities (hereinafter referred to as province-level agencies);

c) People's Committees of districts, towns, cities affiliated to provinces and central-affiliated cities (hereinafter referred to as district-level People's Committees);

d) People's Committees of communes, wards and townships in border areas in accordance with the law on border areas (hereinafter referred to as border commune-level People's Committees);

dd) Province-level agencies of socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations (hereinafter referred to as provincial agencies of organizations).

2. Relevant agencies, organizations, and individuals.

3. The entities specified at Point a, Clause 1 of this Article do not include agencies and units in the People's Army and People's Public Security.

Chapter II.

CONTENTS OF AND PROCEDURES FOR CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF AFFILIATED ENTITIES

Article 3. Contents of international agreements concluded in the name of affiliated entities

1. An international agreement is expressed in writing, stating the intention to cooperate through specific activities within the functions, tasks, and powers of that affiliated entity.  An international agreement must have the following main contents:

a) The title of the document;

b) Names of the contracting parties;

c) Field, content and mode of cooperation;

d) Time of entry into force and validity period;

dd) Date of signing, place of signing, language of signing;

e) Full name and title of the signatory representative.

2. An international agreement may have other contents such as mechanism for communication, confidentiality, costs, dispute settlement, amendments to, renewal, and termination of the international agreement.

3. The content of an international agreement must show that such international agreement is not legally binding.

4. The content of an international agreement in the name of the border commune-level People's Committee must comply with the provisions of Clause 6, Article 3 of the Law on International Agreements.

5. The content of an international agreement in the name of a provincial agency of organization must be consistent with the guiding principles, objectives, field, and scope of such organization.

Article 4. Procedures for conclusion of international agreements in the name of department-level agencies

1. Before conclusion of an international agreement, the department-level agency shall seek written consultation from the agency which gives advice on foreign affairs and international cooperation (hereinafter referred to as international cooperation contact point) and organizations affiliated to the Ministries and ministerial-level agencies that are directly relevant to this international agreement.

2. The consulting entities shall, as established in clause 1 hereof, respond in writing within 7 working days after receiving a duly completed proposal specified in Article 11 of this Decree.

3. The Minister or the head of ministerial-level agency shall decide whether to conclude the international agreement in writing within 5 working days after receiving a duly completed proposal from the department-level agency as prescribed in Article 12 hereof.

4. The General Director, Director shall proceed to sign or authorize another person to sign the international agreement

5. After signing the international agreement, the department-level agency shall report in writing to the Minister or the head of ministerial-level agency and send a copy of the international agreement to the international cooperation contact point within 15 days from the date on which the international agreement is signed.

Article 5. Procedures for conclusion of international agreements in the name of province-level agencies

1. Before conclusion of an international agreement, the province-level agency shall seek written consultation from the agency which gives advice on foreign affairs affiliated to the province-level People’s Committee (hereinafter referred to as foreign affairs agency) and province-level organizations that are directly relevant to this international agreement and relevant agencies.

2. The consulting entities shall, as established in clause 1 hereof, respond in writing within 7 working days after receiving a duly completed proposal specified in Article 11 of this Decree.

3. The province-level agency shall consolidate, explain, and receive opinions and send a proposal for concluding the international agreement to the provincial foreign affairs agency to seek the decision from the President of province-level People’s Committee.

4. The President of province-level People’s Committee shall decide whether to conclude the international agreement in writing within 5 working days after receiving a duly completed proposal as prescribed in Article 12 hereof.

5. The head of the province-level agency shall sign or authorize another person in writing to sign the international agreement.

6. After signing the international agreement, the province-level agency shall report in writing to the President of province-level People's Committee and concurrently send a copy of the international agreement to the provincial foreign affairs agency for notification within 15 days from the date on which the international agreement is signed.

Article 6. Procedures for conclusion of international agreements in the name of district-level agencies

1. Before conclusion of an international agreement, the district-level agency shall seek written consultation from the provincial foreign affair agency and province-level organizations that are directly relevant to this international agreement and relevant agencies.

2. The consulting entities shall, as established in clause 1 hereof, respond in writing within 7 working days after receiving a duly completed proposal specified in Article 11 of this Decree.

3. The district-level agency shall consolidate, explain, and receive opinions and send a proposal for concluding the international agreement to the provincial foreign affairs agency to seek the decision from the President of province-level People’s Committee.

4. The President of province-level People’s Committee shall decide whether to conclude the international agreement in writing within 5 working days after receiving a duly completed proposal as prescribed in Article 12 hereof.

5. The President of People’s Committee of district shall sign or authorize another person in writing to sign the international agreement.

6. After signing the international agreement, the district-level agency shall report in writing to the President of province-level People's Committee and concurrently send a copy of the international agreement to the provincial foreign affairs agency for notification within 15 days from the date on which the international agreement is signed.

Article 7. Procedures for conclusion of international agreements in the name of border commune-level agencies

1. Before conclusion of an international agreement, the border commune-level People’s Committee shall seek consultation in writing from the district-level People’s Committee.

2. Within 7 working days after receiving a duly completed proposal specified in Article 11 of this Decree, the district-level People’s Committee shall seek consultation in writing and send a proposal for conclusion of the international agreement to the provincial foreign affairs agency.

3. The provincial foreign affairs agency shall seek consultation in writing from the provincial police department, High Command of the Border guard of province, High Command of Military of province, province-level agencies that are directly related to the international agreement and relevant agencies within 3 working days after receiving a duly completed proposal as prescribed in clause 2 hereof.

4. The consulting entities specified in clause 3 hereof shall respond in writing within 7 working days after receiving a written consultation request from the provincial foreign affairs agency for conclusion of the international agreement in the name of the border commune-level People’s Committee.

5. The President of People’s Committee of province shall decide whether to conclude the international agreement in the name of the border commune-level People’s Committee within 5 working days after receiving a duly completed proposal from the foreign affairs agency as prescribed in Article 12 hereof.

6. The President of border commune-level People’s Committee shall sign or authorize another person in writing to sign the international agreement.

7. After signing the international agreement, the border commune-level People’s Committee shall report in writing to the President of district-level People's Committee and enclose a copy of the international agreement within 15 days from the date on which the international agreement is signed. The district-level People’s Committee shall send the provincial foreign affairs agency a copy of the international agreement within 7 working days after receiving the report from the border commune-level People’s Committee.

Article 8. Procedures for conclusion of international agreements in the name of provincial agencies of organizations

1. Before conclusion of an international agreement, the provincial agency of organization shall seek written consultation from the provincial foreign affair agency and province-level organizations that are directly relevant to this international agreement and relevant agencies.

2. Where the organization’s charter requires the provincial agency to seek consultation from the central agency of the organization, in addition to seeking consultation from the agencies specified in Clause 1 hereof, the provincial agency of the organization shall do so.

3. The consulting entities shall, as established in clause 1 and clause 2 hereof, respond in writing within 7 working days after receiving a duly completed proposal specified in Article 11 of this Decree.

4. The provincial agency of organization shall seek consultation from the foreign affairs agency of the provincial agency of organization as to the conclusion of the international agreement after receiving a written response from the agencies specified in Clauses 1 and 2 hereof.

5. The foreign affairs agency of the provincial agency of organization shall decide whether to conclude the international agreement in writing within 5 working days after receiving a duly completed proposal as prescribed in Article 12 hereof.

6. The head of the provincial agency of the organization shall sign or authorize in writing another person to sign the international agreement after receiving the written consent specified in Clause 5 hereof.

7. After signing the international agreement, the provincial agency of organization shall report in writing to the foreign affairs agency of that organization and concurrently send a copy of the international agreement to the provincial foreign affairs agency for notification within 15 days from the date on which the international agreement is signed.

Article 9. Cases requiring consultation from ministerial-level agencies

1. If an international agreement in the name of the affiliated entity relates to national defense and security under scope of management of the Ministry of National Defense, in addition to requirement in clause 1 Article 4, clause 1 Article 5, clause 1 Article 6 hereof, the affiliated entity shall propose the Minister, the head of ministerial-level agency, the President of province-level People's Committee to seek consultation in writing from the Ministry of National Defense. The Ministry of National Defense shall respond in writing within 7 working days after receiving a duly completed consultation request.

2. If an international agreement in the name of the affiliated entity relates to security under scope of management of the Ministry of Public Security, in addition to requirement in clause 1 Article 4, clause 1 Article 5, clause 1 Article 6 hereof, the affiliated entity shall propose the Minister, the head of ministerial-level agency, the President of province-level People's Committee to seek consultation in writing from the Ministry of Public Security. The Ministry of Public Security shall respond in writing within 7 working days after receiving a duly completed consultation request.

3. If an international agreement in the name of the affiliated entity relates to investment, in addition to requirement in clause 1 Article 4, clause 1 Article 5, clause 1 Article 6 hereof, the affiliated entity shall propose the Minister, the head of ministerial-level agency, the President of province-level People's Committee to seek consultation in writing from the Ministry of Planning and Investment. The Ministry of Planning and Investment shall respond in writing within 7 working days after receiving a duly completed consultation request.

4. The Minister, the head of ministerial-level agency, the President of province-level People's Committee may seek consultation from the Ministry of Foreign Affairs if the international agreement in the name of the affiliated entity has complex and sensitive contents regarding foreign affairs. Procedures for seeking consultation shall comply with clause 1 and clause 2 Article 19 of the Law on International Agreements.

5. The Minister, the head of ministerial-level agency, the President of province-level People's Committee shall decide whether to conclude the international agreement in the name of affiliated entity after receiving a written consent from the ministerial-level agency as prescribed in clause 1, 2, 3 and 4 of this Article.

Article 10. Contents of the approval for conclusion of the international agreement in the name of the affiliated entity

1. An approval for conclusion of the international agreement of the Minister, the head of ministerial-level agency, the President of province-level People's Committee shall be made writing and contain the following:

a) The name of the international agreement and the names of the parties to the international agreement;

b) The signatory representative of the international agreement;

c) Requirements for the publication of the international agreement;

d) Responsibilities of agencies and organizations in the conclusion and implementation of the international agreement;

d) Draft international agreement.

2. The approval for conclusion of the international agreement in the name of provincial agency of organization shall contain the particulars in points a, b, c and dd of clause 1 hereof.

Article 11. Consultation requests regarding proposals for conclusion of international agreements

Required documents in a consultation request as prescribed in Clause 2, Article 4, Clause 2, Article 5, Clause 2, Article 6, Clause 2, Article 7 and Clause 3, Article 8:

1. A proposal for conclusion of international agreement, clearly stating the context and purpose of the signing of the international agreement; main contents of the international agreement; assessment of the conformity of the international agreement with the provisions of Vietnamese law, the impact of the international agreement to be signed; compliance with the provisions of Article 3 of the Law on International Agreements and Article 3 of this Decree; the full name and position of the representatives of signatories; recommendations on the publication and confidentiality of the international agreement.

2. 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 12. Proposals for conclusion of international agreements in the name of affiliated entities

Required documents in a proposal for conclusion of international agreement as prescribed in Clause 3, Article 4, Clause 3, Article 5, Clause 3, Article 6, Clause 5, Article 7 and Clause 5, Article 8:

1. A proposal for conclusion of international agreement, which includes the contents specified in Clause 1, Article 11 of this Decree and issues with differing opinions between the relevant agencies and organizations (if any).

2. Written consultation responses of agencies and organizations specified in Clause 3, Article 4, Clause 3, Article 5, Clause 3, Article 6, Clause 5, Article 7 and Clause 5, Article 8 of this Decree.

3. Report on explanation and acquiring opinions of relevant entities.

4. 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.

Chapter III.

AMENDMENTS TO, RENEWAL, TERMINATION, WITHDRAWAL, SUSPENSION OF INTERNATIONAL AGREEMENTS

Article 13. Amendments to and renewal of an international agreement in the name of the affiliated entity

1. The power and procedures for amendments to and renewal of an international agreement shall comply with Articles 4, 5, 6, 7 and 8 of this Decree.

2. The department-level agency, province-level agency, district-level People’s Committee shall communicate in writing with the international cooperation contact point affiliated to the ministry, provincial foreign affairs agency as to amendments to and renewal of international agreement within 15 days since the effective date of the amendment or renewal.

3. The border commune-level People’s Committee shall communicate in writing with the district-level People’s Committee as to amendments to and renewal of international agreement within 15 days since the effective date of the amendment or renewal. The district-level People’s Committee shall communicate in writing with the provincial foreign affairs within 7 working days after receiving the notice from the border commune-level People’s Committee.

4. The provincial agency of organization shall communicate in writing with the agency in charge of foreign affairs of that organization and with the provincial foreign affairs agency as to amendments to and renewal of international agreement within 15 days since the effective date of the amendment or renewal.

Article 14. Termination, withdrawal from or suspension of an international agreement in the name of the affiliated entity

1. Responsibilities, power and procedures for termination, withdrawal, and suspension of an international agreement shall comply with Articles 4, 5, 6, 7 and 8 of this Decree.

2. The department-level agency, province-level agency, district-level People’s Committee shall communicate in writing with the international cooperation contact point affiliated to the ministry, provincial foreign affairs agency as to amendment to and renewal of international agreement within 15 days since the effective date of the amendment or renewal.

3. The border commune-level People’s Committee shall communicate in writing with the district-level People’s Committee as to termination, withdrawal, suspension of international agreement within 15 days since the effective date of the termination, withdrawal, or suspension. The district-level People’s Committee shall communicate in writing with the provincial foreign affairs within 7 working days after receiving the notice from the border commune-level People’s Committee.

4. The provincial agency of the organization shall communicate in writing with the agency in charge of foreign affairs of that organization and with the provincial foreign affairs agency as to termination, withdrawal, suspension of the international agreement within 15 days since the effective date of the termination, withdrawal, or suspension.

Chapter IV.

MANAGEMENT OF CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE NAME OF AFFILIATED ENTITIES

Article 15. Responsibilities of agencies and organizations in management of conclusion and implementation of international agreements in the name of affiliated entities

1. Ministries, ministerial-level agencies, province-level People’s Committees shall:

a) Manage the conclusion and implementation of international agreements in the name of affiliated entities as prescribed in clauses 4, 5 and 6 Article 42 of the Law on International Agreements;

b) Raise public awareness of law, supervise, examine, inspect, reward, take actions against law violations, settle complaints and denunciations related to the conclusion and implementation of international agreements in the name of affiliated entities according to clauses 4, 5 and 6, Article 46 of the Law on International Agreements;

c) Report on the conclusion and implementation of international agreements in the name of affiliated entities as prescribed in Clause 2, Article 16 of this Decree.

2. Agencies and organizations that have concluded international agreements shall comply with the regulations on reporting international agreement-related work specified in Clause 1, Article 16 of this Decree.

3. The international cooperation contact point affiliated to the ministry or provincial foreign affairs agency shall receive reports on conclusion and implementation of international agreements in the name of the affiliated entities, make a consolidated report of the ministry, ministerial-level agency, province-level People’s committee on international agreement-related work in the name of the affiliated entities as prescribed in Article 16 hereof.

4. The agency in charge of the foreign affairs of the provincial agency of organization shall take charge and cooperate with the province-level People’s Committee in concluding and implementing the international agreement in the name of the provincial agency of organization.

Article 16. Reports on conclusion and implementation of international agreements in the name of affiliated entities

1. Agencies and organizations that have concluded international agreements shall send annual or ad-hoc reports on international agreements in progress and to be concluded and implemented at the request of the regulatory body:

a) Department-level agencies shall send reports to the international cooperation contact point affiliated to the ministry.

b) Province-level agencies shall send reports to the provincial foreign affairs agency.

c) After receiving reports from the border commune-level People’s Committees, the district-level People’s Committee shall consolidate and send reports of their own and of commune-level People’s Committees to the provincial foreign affairs agency.

d) Provincial agencies of organizations shall send reports to the agencies in charge of foreign affairs of the provincial agencies of organizations and to the provincial foreign affairs agency.

2. Ministries, ministerial-level agencies, province-level People’s Committees shall send reports on international agreements in progress and to be concluded and implemented in the name of affiliated entities to the Ministry of Foreign Affairs.

The reports shall be made using the forms guided by the Ministry of Foreign Affairs.

Article 17. Publication of international agreements in the name of affiliated entities

1. Ministries, ministerial-level agencies, province-level People’s Committees shall promptly publish full text of international agreements in the name of department-level agencies, province-level agencies, district-level People’s Committees, border commune-level People’s Committees, amendments to, renewal, termination, withdrawal, suspension of international agreements on their web portals, except for non-publication cases as prescribed in regulations and law on protection of state secrets or as agreed upon with the foreign contracting party.

2. The international cooperation contact point affiliated to ministry or provincial foreign affairs agency shall take charge and cooperate with relevant agencies and organizations in publication of international agreements as prescribed in clause 1 hereof.

3. Provincial agencies of organizations shall publish their international agreements by posting them on their web portals, websites, by means of mass media or other suitable forms, except for non-publication cases as prescribed in regulations and law on protection of state secrets or as agreed upon with the foreign contracting party.

Chapter V.

IMPLEMENTATION

Article 18. Entry in force

This Decree comes into force as of July 1, 2021.

Article 19. Implementation

Ministers, heads of ministerial-level agencies, Presidents of province-level People’s Committees, Presidents of district-level People’s Committees, Presidents of border commune-level People’s Committees, heads of relevant agencies and organizations shall implement this Decree./.

 

ON BEHALF OF THE GOVERNMENT PP. THE PRIME MINISTER DEPUTY PRIME MINISTER Pham Binh Minh