Chapter II
CONCLUSION OF INTERNATIONAL AGREEMENTS
Section 1. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE NATIONAL ASSEMBLY, AGENCIES OF THE NATIONAL ASSEMBLY OR ASSISTING AGENCIES OF THE NATIONAL ASSEMBLY
Article 9.- Competence to decide on conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly
1. The Chairman of the National Assembly, heads of agencies of the National Assembly, and heads of assisting agencies of the National Assembly decide on the conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly.
2. When the agency of the National Assembly or the assisting agency of the National Assembly and the consulted agencies defined in Clause 1, Article 10 of this Ordinance hold divergent opinions, the agency of the National Assembly or the assisting agency of the National Assembly shall submit the conclusion of an international agreement to the Chairman of the National Assembly for decision.
Article 10.- Order and procedures for conclusion of international agreements in the name of the National Assembly, agencies of the National Assembly or assisting agencies of the National Assembly
1. Before concluding an international agreement, the agency of the National Assembly or the assisting agency of the National Assembly shall consult in writing the National Assembly's Committee for Foreign Affairs, the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.
2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.
3. The Chairman of the National Assembly, the head of the agency of the National Assembly or the head of the assisting agency of the National Assembly shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.
4. When the agency of the National Assembly or the assisting agency of the National Assembly and the consulted agencies defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:
a/ The agency of the National Assembly or the assisting agency of the National Assembly submits the conclusion of the international agreement to the Chairman of the National Assembly for opinion;
b/ The Chairman of the National Assembly decides in writing on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the agency of the National Assembly or the assisting agency of the National Assembly;
c/ The head of the agency of the National Assembly or the assisting agency of the National Assembly concludes or authorizes another person to sign the international agreement after receiving a written agreement of the Chairman of the National Assembly as mentioned at Point b of this Clause.
5. After signing an international agreement, the agency of the National Assembly or the assisting agency of the National Assembly shall report it in writing to the Chairman of the National Assembly and concurrently send a copy of the concluded international agreement to the National Assembly's Committee for Foreign Affairs for notification.
Section 2. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE SUPREME PEOPLE'S COURT, THE SUPREME PEOPLE'S PROCURACY OR THE STATE AUDIT
Article 11.- Competence to decide on conclusion of international agreements in the name of the Supreme People's Court, the Supreme People's Procuracy or the State Audit
The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General shall decide on the conclusion of international agreements in the name of the Supreme People's Court, the Supreme People's Procuracy or the State Audit respectively.
Article 12.- Order and procedures for conclusion of international agreements in the name of the Supreme People's Court, the Supreme People's Procuracy or the State Audit
1. Before concluding an international agreement, the Supreme People's Court, the Supreme People's Procuracy or the State Audit shall consult in writing the National Assembly's Committee for Foreign Affairs, the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.
2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.
3. The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.
4. When the Supreme People's Court, the Supreme People's Procuracy or the State Audit and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:
a/ The Supreme People's Court, the Supreme People's Procuracy or the State Audit submits the conclusion of the international agreement to the National Assembly Standing Committee for opinion;
b/ The National Assembly Standing Committee gives its opinion on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the Supreme People's Court, the Supreme People's Procuracy or the State Audit;
c/ The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy or the State Auditor General bases on the opinion of the National Assembly Standing Committee mentioned at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.
5. After signing an international agreement, the Supreme People's Court, the Supreme People's Procuracy or the State Audit shall report it in writing to the National Assembly Standing Committee and concurrently send a copy of the concluded international agreement to the National Assembly's Committee for Foreign Affairs and the Ministry of Foreign Affairs for notification.
Section 3. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES OR GOVERNMENT-ATTACHED AGENCIES
Article 13.- Competence to decide on conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies
Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall decide on the conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies respectively.
Article 14.- Order and procedures for conclusion of international agreements in the name of ministries, ministerial-level agencies or government-attached agencies
1. Before concluding an international agreement, a ministry, ministerial-level agency or government-attached agency shall consult in writing the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.
2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.
3. The minister, the head of a ministerial-level agency or the head of a government-attached agency shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.
4. When the ministry, ministerial-level agency or government-attached agency and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:
a/ The ministry, ministerial-level agency or government-attached agency submits the conclusion of the international agreement to the Prime Minister for opinion;
b/ The Prime Minister gives his opinion in writing on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the ministry, ministerial-level agency or government-attached agency;
c/ The minister, the head of a ministerial-level agency or the head of a government-attached agency bases on the opinion of the Prime Minister stated at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.
5. After signing an international agreement, the ministry, ministerial-level agency or government-attached agency shall report it in writing to the Prime Minister and concurrently send a copy of the concluded international agreement to the Ministry of Foreign Affairs for notification.
Section 4. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF PROVINCIAL-LEVEL AGENCIES
Article 15.- Competence to decide on conclusion of international agreements in the name of provincial-level agencies
Heads of provincial-level agencies shall decide on the conclusion of international agreements in the name of provincial-level agencies.
Article 16.- Order and procedures for conclusion of international agreements in the name of provincial-level agencies
1. Before concluding an international agreement, a provincial-level agency shall consult in writing the Ministry of Foreign Affairs and agencies related to cooperative activities under the international agreement.
2. Consulted agencies stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.
3. The head of a provincial-level agency shall decide and conclude or authorize another person to sign an international agreement after receiving written opinions of consulted agencies stated in Clause 1 of this Article.
4. When the provincial-level agency and a consulted agency defined in Clause 1 of this Article hold divergent opinions, the case shall be dealt with according to the following order and procedures:
a/ The provincial-level agency submits the conclusion of the international agreement to the Prime Minister for opinion;
b/ The Prime Minister gives his opinion in writing on the conclusion of the international agreement within seven working days from the date of receipt of the dossier submitted by the provincial-level agency;
c/ The head of a provincial-level agency bases on the opinion of the Prime Minister mentioned at Point b of this Clause to decide and conclude or authorize another person to sign the international agreement.
5. After signing an international agreement, the provincial-level agency shall report it in writing to the Prime Minister and concurrently send a copy of the concluded international agreement to the Ministry of Foreign Affairs for notification.
Section 5. CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF ORGANIZATIONS' CENTRAL BODIES
Article 17.- Competence to decide on conclusion of international agreements in the name of organizations' central bodies
Heads of organizations' central bodies shall decide on the conclusion of international agreements in the name of organizations' central bodies after receiving the written agreement of the agency in charge of organizations' external activities.
Article 18.- Order and procedures for conclusion of international agreements in the name of organizations' central bodies
1. Before submitting the conclusion of an international agreement to the agency in charge of its external activities, an organization's central body shall consult in writing the Ministry of Foreign Affairs, the state management agency in charge of the cooperation domain and organizations related to cooperative activities under the international agreement.
2. Consulted agencies and organizations stated in Clause 1 of this Article shall give written opinions within seven working days from the date of receiving written requests for opinions.
3. After receiving the written replies of the consulted agencies mentioned in Clause 1 of this Article, the organization's central body shall submit the conclusion of an international agreement to the agency in charge of the organization's external activities for opinion.
4. The agency in charge of the organization's external activities shall give its written opinion on the conclusion of an international agreement in the name of the organization's central body within seven working days from the date of receipt of the dossier submitted by the organization's central body.
5. The head of the organization's central body shall decide and conclude or authorize another person to sign an international agreement after receiving written agreement of the agency in charge of the organization's external activities stated in Clause 4 of this Article.
6. After concluding an international agreement, the organization's central body shall report it in writing to the agency in charge of the organization's external activities and concurrently send a copy of the concluded international agreement to the Ministry of Foreign Affairs for notification.
Section 6. CONSULTATION DOSSIERS AND SUBMITTED DOSSIERS ON THE CONCLUSION OF INTERNATIONAL AGREEMENTS
Article 19.- Consultation dossiers on conclusion of international agreements
A dossier of consultation with concerned agencies and organizations on the conclusion of an international agreement stated in Clause 1 of Article 10, Clause 1 of Article 12, Clause 1 of Article 14, Clause 1 of Article 16 and Clause 1 of Article 18 of this Ordinance comprises:
1. Written proposal on the conclusion of an international agreement, clearly stating the requirement and purpose of the conclusion of an international agreement; major contents of the international agreement; an assessment of political, economic, social and other impacts of the international agreement to be concluded; and an assessment of compliance with the provisions of Articles 2 and 4 of this Ordinance;
2. The Vietnamese and foreign-language versions of the international agreement; the Vietnamese translation of the international agreement, if the international agreement to be signed is available in a foreign language only;
3. Other necessary documents.
Article 20.- Submitted dossiers on conclusion of international agreements
A dossier submitted for opinions on the conclusion of an international agreement stated in Clause 4 of Article 10, Clause 4 of Article 12, Clause 4 of Article 14, Clause 4 of Article 16 or Clause 3 of Article 18 of this Ordinance comprises:
1. Written proposal on the conclusion of an international agreement, clearly stating the requirement and purpose of the conclusion of an international agreement; major contents of the international agreement; an assessment of political, economic, social and other impacts of the international agreement to be concluded; an assessment of compliance with the provisions of Articles 2 and 4 of this Ordinance; and issues, if any, on which opinions of concerned agencies and organizations are divergent;
2. Written opinions of concerned agencies and organizations stated in Clause 2 of Article 10, Clause 2 of Article 12, Clause 2 of Article 14, Clause 2 of Article 16 and Clause 2 of Article 18 of this Ordinance;
3. The Vietnamese and foreign-language versions of the international agreement; the Vietnamese translation of the international agreement, if the international agreement to be signed is available in a foreign language only;
4. Other necessary documents.
Tìm kiếm
Pháp lệnh ký kết và thực hiện thỏa thuận quốc tế 2007 (Bản Word)