Quyết định 36/2018/QĐ-TTg về thủ tục ký kết, thực hiện thỏa thuận nhân danh Chính phủ và kiến nghị Chủ tịch nước quyết định ký kết thỏa thuận nhân danh Nhà nước không phải là điều ước quốc tế do Thủ tướng Chính phủ ban hành

DECISION

PROCEDURES FOR SIGNING AND IMPLEMENTING AGREEMENTS IN THE NAME OF THE GOVERNMENT AND REQUESTING THE PRESIDENT OF VIETNAM TO SIGN AGREEMENTS IN THE NAME OF THE STATE THAT ARE NOT INTERNATIONAL TREATIES

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

Pursuant to the Government’s Decree No. 138/2016/ND-CP dated October 01, 2016 promulgating the Working Regulation of the Government;

Pursuant to the Government’s Resolution No. 13/NQ-CP dated February 08, 2018 on the Government’s Regular Meeting in January 2018;

At the request of the Minister of Foreign Affairs;

The Prime Minister hereby promulgate a Decision to provide for procedures for signing and implementing agreements in the name of the Government and requesting the President of Vietnam to sign agreements in the name of the State that are not international treaties.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decision provides for procedures for signature, adoption, amendment, supplementation, suspension, termination, denunciation or withdrawal from an agreement in the name of the Government; request the President of Vietnam to decide to sign, adopt, amend, supplement, suspend, terminate, denounce or withdraw from an agreement in the name of the State that is not an international treaties.

2. The agreements specified in Clause 1 of this Article have the following characteristics:

a) The contents show the intention, commitment, general awareness and agreement on cooperation and may refer to international treaties and other international instruments to which Vietnam is a signatory.

b) They do not create, change or terminate rights or obligations of the Socialist Republic of Vietnam governed by international laws, and comply with regulations of Vietnamese laws.

c) The name is agreement, announcement, statement, letter of intent, memorandum of understanding, program, plan or equivalent, except for the particular name of the international treaty (treaty, inter alia, protocol, agreement).

3. This Decision does not apply to agreements on foreign borrowing, non-refundable aid and foreign non-governmental aid with one party or multiple foreign parties.

Article 2. Principles of signature, adoption and implementation of agreements

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. Protection of national and human interests, and conformity with diplomatic policies of the Socialist Republic of Vietnam, respect for national sovereignty, non-interference in the domestic affairs of each other and other fundamental principles of international law.

3. Compliance with a treaty to which the Socialist Republic of Vietnam is a signatory.

4. No creation, change or termination of rights or obligations of the State or the Government, Vietnamese organizations and citizens governed by international laws.

Chapter II

PROCEDURES

Article 3. Procedures for proposing the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from agreements

1. The proposing authority shall send an enquiry about the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement to the Ministry of Foreign Affairs and relevant organizations.

2. The enquired authority shall, according to Clause 1 of this Article, shall give a written response within 07 working days from the receipt of the enquiry.

3. After completing the enquiry according to the opinions as prescribed in Clause 2 of this Article, the proposing authority shall submit it to the Government for decision, regarding the agreement in the name of the Government; request the Government to submit it to the President of Vietnam, regarding the agreement in the name of the State.

4. According to the decision made in writing by the competent authority, the proposing authority shall organize the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement.

Article 4. Enquiries about proposal for signature, adoption, amendment, supplementation, suspension, termination or withdrawal from agreements

An enquiry about proposal for the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement includes:

1. A written request for opinions.

2. A draft request for approval for the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement, which clearly specifies agreement’s requirements and purposes; main contents of the agreement (if a power of attorney is required, specify them in the draft request); assessment of political, economic and social impacts and other impacts; assessment of compliance with the rules specified in Article 2 of this Decision.

3. The draft agreements in Vietnamese and foreign language. A Vietnamese translation of the agreement is required if it is signed and adopted in a foreign language only.

Article 5. Proposal for signature, adoption, amendment, supplementation, suspension, termination or withdrawal from agreements

A proposal for the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement includes:

1. A request for approval for the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement, which is made as prescribed in Clause 2 Article 4 of this Decision.

2. Opinions of the Ministry of Foreign Affairs and relevant organizations; explanation for and receipt of such opinions and proposed measures for handling thereof.

3. The draft agreements in Vietnamese and foreign language. A Vietnamese translation of the agreement is required if it is signed and adopted in a foreign language only.

Article 6. Application of simplified procedures

The simplified procedures shall be applied to signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement in the name of the Government in the following cases:

1. The signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement conforms to the strategy or scheme approved by the Government or the Prime Minister or by a competent authority.

2. Urgent matters need to be addressed upon political and foreign affair request.

3. One party or multiple foreign parties does not require a power of attorney upon signature of the agreement.

Article 7. Procedures for proposing the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from agreements

1. The proposing authority shall send an enquiry about the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement to the Ministry of Foreign Affairs and relevant organizations.

2. The enquiry shall be prepared as prescribed in Clause 1 of this Article and include:

a) A written request for opinions, which clearly specifies the requirements and purposes of the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement; main contents of the agreement; assessment of political, economic and social impacts and other impacts; assessment of compliance with the rules specified in Article 2 of this Decision; reasons for application of simplified procedures.

b) Documentary evidences for eligibility for the application of simplified procedures according to Clause 6 of this Decision.

c) The draft agreements in Vietnamese and foreign language. A Vietnamese translation of the agreement is required if it is signed and adopted in a foreign language only.

3. The enquired authority shall, according to Clause 1 of this Article, shall give a written response within 04 working days from the receipt of the enquiry.

4. The proposing shall organize the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement in conformity with the scheme or guidelines approved by the competent authority as prescribed in Clause 1 Article 6 of this Decision.

Article 8. Responsibility for notifying the Government and the Prime Minister

1. Within 07 working days from the date of the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement according to Clause 4 Article 7 of this Decision, the proposing authority shall notify thereof to the Prime Minister.

2. In case the proposing authority and the enquired authority raise contentious issues about the necessity of the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from the agreement, the compliance with the rules specified in Article 2 of this Decision and the application of simplified procedures as prescribed in Clause 6 of this Decision, the proposing authority shall submit a proposal to the Government for decision.  The proposal includes the documents mentioned in Article 5 of this Decision.

Article 9. Retaining original and sending copy of agreement

The proposing authority shall retain the original and send the copy of the agreement to the Ministry of Foreign Affairs and relevant organizations for notification within 15 working days from the date of the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement.

Chapter III

ORGANIZING IMPLEMENTATION OF AGREEMENTS

Article 10. Responsibility for organizing implementation of agreements

Proposing authorities or other authorities assigned by the Prime Minister shall:

a) Take charge of or cooperate in organizing the dissemination of international agreements, unless otherwise agreed upon with a foreign signatory or such agreements are confidential.

b) Recommend the Prime Minister or act on their own behalf to take directive or regulatory measures or other measures to implement the agreement.

c) Take charge and cooperate with the Ministry of Foreign Affairs, Ministry of Justice and relevant authorities in recommending the Prime Minister to decide the interpretation and application of provisions of agreements where there is any contentious interpretation and application of such provisions.

d) Recommend the Prime Minister to take necessary measures to protect interests of the Socialist Republic of Vietnam in the event any agreement is breached.

dd) Prepare an annual report on the signature and implementation of agreements within the scope of this Decision and submit it to the Ministry of Foreign Affairs no later than 15 November. The report shall be prepared using the form adopted by the Ministry of Foreign Affairs and consolidated into the report on issues concerning international treaties and agreements to the Prime Minister; prepare ad hoc reports at the request of the competent authority.

2. Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities, organizations and individuals shall cooperate with proposing authorities or other authorities assigned by the Prime Minister in implementing agreements.

Article 11. Effect

This Decision comes into force from October 10, 2018.

Article 12. Responsibility for implementation

Ministers, heads of ministerial agencies and heads of Governmental agencies are responsible for the implementation of this decision./.

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