Bản dịch văn bản 161/1999/NĐ-CP
nghi-dinh-161-1999-nd-cp
Cơ quan ban hành: Chính phủ
Ngày ban hành: 1999-10-18

DECREE No. 161/1999/ND-CP OF OCTOBER 18, 1999 DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS THE GOVERNMENT Pursuant to the Law on Organization of the Government of September 30, 1992; Pursuant to the Ordinance on the Conclusion and Implementation of International Agreements of August 20, 1998; At the proposal of the Minister for Foreign Affairs, DECREES: Article 1.- General provisions 1. This Decree stipulates the order and procedures related to the conclusion and implementation of international agreements by Vietnam. 2. The provisions of this Decree shall apply to: a/ International agreements concluded in the name of the State; b/ International agreements concluded in the name of the Government; c/ International agreements concluded in the name of the Supreme People�s Court and the Supreme People�s Procuracy; d/ International agreements concluded in the name of the ministries and branches. Article 2.- Proposing the negotiation and signing of international agreements 1. The concerned agencies (hereinafter referred to as the conclusion- proposing agencies for short) shall, on the basis of the assigned functions, tasks and powers as well as the demand for international cooperation, take initiative in proposing the competent State agencies to negotiate and sign international agreements. 2. The conclusion-proposing agencies shall have to prepare the draft international agreements for the Vietnamese side. Where an international agreement is proposed or drafted by a foreign party or international organization, the conclusion-proposing agency shall study the draft of such agreement so as to proceed with the preparation of a draft for the Vietnamese side. 3. In the course of proposing the negotiation and signing of international agreements, depending on the nature and contents of the relevant matters, the conclusion-proposing agencies shall consult the Ministry for Foreign Affairs as well as the concerned ministries and branches at least 15 days before submitting such international agreements to the Government. For international agreements which contain provisions contrary to or not yet provided for in legal documents promulgated by the National Assembly or the National Assembly Standing Committee, the above-said time-limit shall be 30 days at least. 4. A document asking for opinions shall include the contents defined at Points a, b, c, e and f, Clause 4, Article 5 of the Ordinance on the Conclusion and Implementation of International Agreements (hereafter referred to as Ordinance). For multilateral international agreements, the document asking for opinions shall include the contents stipulated in Clause 4, Article 12 of the Ordinance. Within 10 days after receiving an official dispatch asking for opinions, the consulted agencies shall have to notify in writing the conclusion-proposing agency of their opinions regarding the draft international agreement. 5. The conclusion-proposing agency shall have to study opinions of the concerned agencies, complete the draft international agreement and submit it to the Government. After studying opinions of the concerned agencies, if deeming that the draft international agreement needs to be evaluated, the conclusion-proposing agency shall have to send such draft to the Ministry of Justice for evaluation. Article 3.- Evaluation of draft international agreements 1. Where a draft international agreement contains provision(s) contrary to or not yet provided for in the legal documents promulgated by the National Assembly or the National Assembly Standing Committee, the conclusion- proposing agency shall send such draft together with the relevant information and documents to the Ministry of Justice for evaluation. In case of necessity and at the request of the Ministry of Justice, the conclusion-proposing agency shall have to explain the draft international agreement by itself. 2. A dossier sent to the Ministry of Justice for evaluation shall comprise: a/ An official dispatch requesting the evaluation, which states clearly the options for handling the provision(s) contrary to or not yet provided for in legal documents promulgated by the National Assembly or the National Assembly Standing Committee; b/ A report to the Government on the negotiation and signing of the international agreement, with the contents stipulated in Clause 4, Article 5 of the Ordinance; c/ The draft international agreement which has been completed and submitted by the conclusion-proposing agency to the Government for consideration and the sum-up of opinions of the concerned agencies. d/ The Government�s draft report to the State President (if the international agreement is to be signed in the name of the State). 3. The number of dossier sets sent for evaluation is 5. Article 4.- Responsibility of the Ministry of Justice in the evaluation of draft international agreements 1. Upon the receipt of a dossier requesting the evaluation of an international agreement from the conclusion proposing agency, the Ministry of Justice shall conduct the evaluation, ensuring the evaluation quality and time-limit. In case of necessity, the Minister of Justice shall decide the establishment of a council for evaluation of international agreements. 2. For draft international agreements proposed for signing by the Ministry of Justice, which contain provision(s) contrary to or not yet provided for in legal documents promulgated by the National Assembly or the National Assembly Standing Committee, the composition of the evaluation council set up by the Minister of Justice must include representatives of the Ministry for Foreign Affairs, the Government Office as well as the concerned ministries and branches. 3. Within 15 days after receiving the dossier requesting the evaluation of an international agreement, the Ministry of Justice shall conduct the evaluation and send the results thereof in writing to the conclusion proposing agency, the Ministry for Foreign Affairs and the Government Office. For international agreements proposed for signing by the Ministry of Justice, which need to be evaluated, the Ministry of Justice shall have to send the evaluation council�s opinions and the draft international agreement together with the report to the Government. Article 5.- Contents of evaluation of draft international agreements The Ministry of Justice shall evaluate draft international agreements� constitutionality, conformity and consistency with legal documents promulgated by the National Assembly or the National Assembly Standing Committee and give its comments on the proposal of the conclusion proposing agencies regarding the options to deal with the provision(s) contrary to or not yet provided for in the legal documents promulgated by the National Assembly or the National Assembly Standing Committee. Article 6.- Procedures for submission of documents on international agreement negotiation and signing 1. The conclusion-proposing agencies shall submit the dossiers proposing the negotiation and signing of international agreements to the Government. Such a dossier shall include: a/ A report with the contents defined in Clause 4, Article 5 of the Ordinance, clearly pointing out the opinion divergence (if any) between the conclusion proposing agency and the concerned agencies, and at the same time proposing the handling options. For international agreements related to official development assistance (ODA) sources, the provisions of the Government�s corresponding Decrees must be strictly observed. b/ The completed draft international agreement (if necessary, attached with different handling options) submitted by the conclusion proposing agency to the Government for consideration and the sum-up of opinions of the concerned agencies; c/ The Government�s draft report to be submitted to the State President (if the international agreement is to be signed in the name of the State). 2. In cases where a draft international agreement contains provision(s) contrary to or not yet provided for in the legal documents issued by the National Assembly or the National Assembly Standing Committee, the Government shall, after considering opinions of the Ministry of Justice, decide the submission of such draft international agreement to the National Assembly Standing Committee for consideration. Article 7.- Authorization for negotiation and signing of international agreements 1. The negotiation and signing of international agreements must be authorized by the State President (for international agreements concluded in the name of the State), the Government (for international agreements concluded in the name of the Government), or the heads of the ministries and branches (for international agreements concluded in the name of the ministries and branches). 2. The persons authorized to sign international agreements in the name of the State or the Government must be leaders of the ministries or branches. In special cases, the competent State agencies shall decide the ranks of the authorized signatories on the basis of opinions of the Ministry for Foreign Affairs. The signatories to international agreements in the name of the ministries or branches shall be authorized by the heads of such ministries or branches. Where international agreements are signed overseas and Vietnam cannot send official(s) there for the signing, the conclusion proposing agencies shall, after consulting the Ministry for Foreign Affairs, propose the competent State agencies to authorize the heads of the diplomatic missions or permanent representations of the Socialist Republic of Vietnam to international organizations to sign the agreements. 3. Basing itself on the written decision of the competent State agencies permitting the negotiation and signing of international agreements, the Ministry for Foreign Affairs shall complete the procedures for the granting of proxy of the State President or the Prime Minister; and complete the procedures for the Government�s authorization. Where the proxy does not clearly prescribe, except for unexpected cases, five (5) days before the negotiation and signing of an international agreement, the conclusion-proposing agency shall have to notify the Ministry for Foreign Affairs of the name and position of the person authorized to negotiate and sign as well as the full Vietnamese and foreign-language names of the international agreement. 4. The Minister for Foreign Affairs shall sign for certification of the authorization of the State President, the Government and the Prime Minister when international agreements are negotiated and signed in the name of the State or the Government. In cases where the Minister for Foreign Affairs is absent, a Vice Minister for Foreign Affairs shall be authorized to sign instead. Where the proxy must be signed by the State President or the Prime Minister, the Ministry for Foreign Affairs shall have to prepare it for signing by the State President or the Prime Minister. 5. The proxy to sign international agreements in the name of the Supreme People�s Court, the Supreme People�s Procuracy or the ministries and branches shall be granted by the President of the Supreme People�s Court, the Chairman of the Supreme People�s Procuracy or the heads of the ministries and branches. When requested, the Ministry for Foreign Affairs shall have to provide guidance for the conclusion-proposing agency on the procedures for the granting of proxy of the Supreme People�s Court, the Supreme People�s Procuracy or the ministries and branches when international agreements are negotiated and signed in the name of the Supreme People�s Court, the Supreme People�s Procuracy, or ministries, branches. Article 8.- Signing of international agreements 1. A draft bilateral international agreement already agreed upon by the two parties should be initialed before the official signing thereof, except otherwise agreed upon by the two parties. 2. Before initialing or officially signing an international agreement, the conclusion proposing agency shall have to thoroughly revise and compare the Vietnamese version with the foreign language version of such international agreement. The Vietnamese and foreign language versions must be compatible with each other in terms of their contents and form. 3. All international agreements signed in the name of the State or the Government must be sealed up and affixed with an embossed stamp of the Ministry for Foreign Affairs if they are signed in the country; or of Vietnamese diplomatic missions if they are signed overseas, except otherwise provided for in the signing procedures of the concerned foreign countries or international organizations. The conclusion proposing agency shall contact the Ministry for Foreign Affairs or the overseas Vietnamese missions to fill in the procedures for the sealing up of or affixing an embossed stamp on international agreements. 4. The conclusion proposing agency shall have to organize the signing ceremony. A signing ceremony shall be organized solemnly with the national flags of Vietnam and the concerned foreign country or the flag of the concerned international organization put up on the table. 5. In cases where the negotiation and signing of an international agreement cannot be organized though so permitted by the competent State agency, the conclusion-proposing agency shall have to promptly report such to the Government and notify the Ministry for Foreign Affairs thereof. 6. Within 7 days after signing a bilateral international agreement, the conclusion proposing agency shall have to submit the original of such international agreement to the Ministry for Foreign Affairs. Where the heads of the Socialist Republic of Vietnam�s diplomatic missions or permanent representations to international organizations sign international agreements, the signatories shall have to report and send the originals of the already signed international agreements to the Ministry for Foreign Affairs as soon as possible. The Ministry for Foreign Affairs shall notify the conclusion- proposing agencies of the signing results. For cases of signing or acceding to a multilateral international agreement, the conclusion proposing agency shall, within 7 days after receiving the official international agreement, submit it to the Ministry for Foreign Affairs. Article 9.- Procedures for submitting international agreements for ratification 1. The ratification of international agreements shall comply with the provisions of Articles 9 and 10 of the Ordinance. 2. Where an international agreement must be ratified, within 15 days after the signing thereof, the conclusion proposing agency shall have to consult the Ministry for Foreign Affairs before submitting it to the Government. The documents submitted to the Government shall include a report to the Government (attached with the written comments of the Ministry for Foreign Affairs) and the Government�s draft report to the State President for ratification. 3. Time-limit for submitting documents proposing ratification: a/ 15 days after the signing of the international agreement; b/ 15 days after the signing delegation returns home for cases where Vietnam sends representative(s) abroad for signing; c/ 15 days after the conclusion-proposing agency receives a copy of the international agreement which has been signed by the head of the Vietnamese diplomatic mission or permanent representation to the concerned international organization. 4. Where the State President decides to submit an international agreement to the National Assembly for ratification, the conclusion proposing agency shall have to coordinate with the State President�s Office to prepare the State President�s report to be presented to the National Assembly. Article 10.- Procedures for submitting international agreements for approval 1. The approval of international agreements shall comply with the provisions of Articles 9 and 11 of the Ordinance. 2. In cases where an international agreement must be approved or requires the completion of necessary legal procedures, the conclusion proposing agency shall have to consult the Ministry for Foreign Affairs before submitting it to the Government for approval. 3. Time-limit for submission of documents proposing approval: a/ 15 days after the signing of the international agreement; b/ 15 days after the signing delegation returns home for cases where Vietnam sends representative(s) abroad for signing; c/ 15 days after the conclusion-proposing agency receives a copy of the international agreement, in cases where such international agreement is signed by the head of a Vietnamese diplomatic mission or permanent representation to the concerned international organization. Article 11.- Procedures for submission of documents on acceding to multilateral international agreements 1. The acceding to multilateral international agreements shall comply with the provisions of Articles 5 and 12 of the Ordinance. 2. For multilateral international agreements to which the acceding is decided by the Government, the acceding-proposing agency shall submit a report thereon to the Government for decision. For multilateral international agreements to which the acceding is decided by the State President as prescribed in Article 12 of the Ordinance, the proposing agency shall have to prepare the Government�s report to be submitted to the State President for decision. 3. A dossier submitted to the Government proposing the acceding to a multilateral international agreement shall include: a/ A report proposing the acceding with the contents stipulated in Articles 5 and 12 of the Ordinance, which must state clearly the financial obligations; b/ The official international agreement and the Vietnamese translation thereof; c/ The information related to the multilateral international agreement: the list of the signing parties, the instruments on the supplements or amendments thereof (if any); the reservations, declarations of the other signing parties, the provisions on the necessary legal procedures; d/ The written comments of the Ministry for Foreign Affairs and the concerned ministries and branches; e/ The Government�s draft report to be submitted to the State President (for multilateral international agreements to which the acceding is decided by the State President). Article 12.- External procedures for ratification, approval of and acceding to international agreements 1. Within 7 days after the issuance of a decision to ratify or accede to an international agreement by the State President or the National Assembly, or a decision to approve or accede to an international agreement by the Government, the conclusion-proposing agency shall have to send all documents related to such international agreement to the Ministry for Foreign Affairs. The Ministry for Foreign Affairs shall notify the other signing party or the agency in charge of the depository of the multilateral international agreement of the ratification or approval of acceding to such international agreement by Vietnam. When the other signing party has completed the procedures for ratification of a bilateral international agreement already signed with Vietnam, the Ministry for Foreign Affairs shall proceed with the procedures for the exchange of a letter of ratification with the foreign party. 2. The conclusion-proposing agency shall have to provide the Ministry for Foreign Affairs with necessary information so that the external procedures for ratification, approval or acceding shall be carried out in time and fully. Article 13.- Duplication of international agreements Within 10 days after an international agreement takes effect, the Ministry for Foreign Affairs shall have to duplicate it and send its copies to the National Assembly Office, the State President�s Office and the Government�s Office for report, and at the same time to the concerned agencies for implementation. Article 14.- Announcing international agreements 1. Within 5 days after receiving a copy of an international agreement which has taken effect, the Government Office shall have to publish it in the Official Gazette, except otherwise agreed upon by the signing parties or otherwise decided by the State President or the Government. 2. Annually, the Ministry for Foreign Affairs shall have to organize the compilation and distribution of the directory of international agreements already concluded by Vietnam. Article 15.- Implementation of international agreements 1. After an international agreement takes effect, the conclusion proposing agency shall base itself on the contents of such international agreement as well as its functions and tasks to submit to the Government a detailed plan on organization of the implementation of such international agreement. In cases where the implementation of an international agreement requires that legal documents of Vietnam be amended, supplemented, annulled or promulgated, the conclusion-proposing agency and the concerned State agencies shall by themselves or propose the competent State agency to promptly amend, supplement, annul or promulgate such legal documents in accordance with the provisions of the Law on the Promulgation of Legal Documents. 2. Except otherwise provided for, annually the agencies that have proposed the conclusion of international agreements shall report to the Government on the implementation of international agreements, and at the same time notify it to the Ministry for Foreign Affairs for coordination in supervision of the implementation of international agreements by the other signing parties, thus promptly proposing measures to protect Vietnam�s interests in case of violations by the other signing parties. 3. Where a multilateral international agreement stipulates the obligation to report on the implementation of such agreement by the Vietnamese side, the agency that has proposed the conclusion of that international agreement shall have to prepare Vietnam�s report. The authorization for participation in international conferences related to the implementation of multilateral international agreements shall comply with the provisions of Article 7 of this Decree. Article 16.- Procedures for amendment, supplement and extension of international agreements 1. In the course of implementation of an international agreement, if the concerned agencies deem it necessary to amend and/or supplement the international agreement, they shall send a proposal thereon to the conclusion-proposing agency. The conclusion-proposing agency shall have to discuss with the concerned agencies and, if deeming that the amendment and/or supplement to such international agreement is reasonable, report thereon to the competent State agency which has decided the signing of or acceding to such international agreement for settlement. After the competent State agency has agreed to amend and/or supplement the international agreement, the conclusion-proposing agency shall coordinate with the Ministry for Foreign Affairs in completing the amendment and/or supplement procedures as prescribed, except otherwise provided for by the international agreement. 2. Within 90 days before an international agreement ceases to be effective, the conclusion-proposing agency shall propose and consult the concerned agencies on the extension or termination of the international agreement and report such to the competent State agency which has decided the conclusion of such international agreement, except otherwise provided for by the international agreement. 3. The amendment, supplement and/or extension of international agreements shall comply with the provisions of Article 25 of the Ordinance. Article 17.- Interpretation of international agreements 1. Where the signing parties understand and interpret the contents of an international agreement differently, the Ministry for Foreign Affairs shall, within 15 days after receiving a request on the interpretation thereof, issue a document requesting the conclusion-proposing agency to prepare an interpretation of the international agreement for submission to the Government. 2. Where the concerned domestic agencies understand and interpret the contents of an international agreement differently, they shall directly send requests for interpretation of such international agreement to the conclusion- proposing agency or the Ministry for Foreign Affairs. Where the document requesting the international agreement interpretation is sent only to the Ministry for Foreign Affairs, such Ministry shall, within 15 days after receiving the request, send a document to the conclusion-proposing agency asking the latter to prepare the contents of the international agreement interpretation for submission to the Government. 3. Within 10 days after receiving the request for interpretation of an international agreement from the Ministry for Foreign Affairs or the concerned domestic agencies, the conclusion-proposing agency shall have to prepare the draft interpretation contents and obtain written comments from the Ministry for Foreign Affairs before submitting them to the Government. The Government shall issue a decision to interpret an international agreement concluded in the name of the State or the Government. For international agreements ratified by the National Assembly or containing provision(s) contrary to or not yet provided for in legal documents promulgated by the National Assembly or the National Assembly Standing Committee, the Government shall submit them to the National Assembly Standing Committee for interpretation. 4. For the case mentioned in Clause 1 of this Article, the Ministry for Foreign Affairs shall, within 15 days after receiving a written interpretation from the competent State agency, notify it to the other signing party. 5. For the case mentioned in Clause 2 of this Article, the conclusion proposing agency shall, within 5 days after receiving a written interpretation from the competent State agency, have to notify it to the Ministry for Foreign Affairs and the interpretation requesting agency(ies). Article 18.- Organization of implementation This Decree takes effect 15 days after its signing and replaces Decree No.182/HDBT of May 28, 1992, which details the implementation of the Ordinance on the Conclusion and Implementation of International Agreements by the Socialist Republic of Vietnam. The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall have to implement this Decree. On behalf of the Government Prime Minister PHAN VAN KHAI