Circular 54/2021/TT-BCA treaty-related work in the People’s Public Security Forces

CIRCULAR

Providing treaty-related work and international agreement-related work in the People’s Public Security Forces ^[1]

Pursuant to the April 9, 2016 Law on Treaties;

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

Pursuant to the Government’s Decree No. 01/2018/ND-CP of August 6, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative-Judicial Reform;

The Minister of Public Security promulgates the Circular providing treaty-related activities and international agreement-related activities in the People’s Public Security Forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the principles, competence, order and procedures for concluding, making reservations to, amending, supplementing, extending, invalidating, abandoning, withdrawing from, and suspending, and organization of the implementation of, treaties; principles, competence, order and procedures for concluding, amending, supplementing, extending, invalidating, withdrawing from, and suspending, and organization of the implementation of, international agreements, and other activities concerning treaty-related work and international agreement-related work in the People’s Public Security Forces.

Article 2. Subjects of application

This Circular applies to units attached to the Ministry of Public Security and Public Security Departments of provinces and centrally run cities (below collectively referred to as public security agencies); officers and soldiers of the People’s Public Security Forces, and agencies, organizations and individuals involved in treaty-related work and international agreement-related work.

Article 3. Interpretation of terms

In this Circular, the terms below shall be construed as follows:

1. Treaty-related work in the People’s Public Security Forces mean activities related to the conclusion of, making of reservations to, amendment, supplementation, extension, invalidation, and abandonment of, withdrawal from, and suspension of, and organization of the implementation of, treaties falling within the scope of state management by the Ministry of Public Security.

2. International agreement-related work in the People’s Public Security Forces mean activities related to the conclusion of, amendment, supplementation, extension, and invalidation of, withdrawal from, and suspension of, and organization of the implementation of, international agreements falling within the scope of state management by the Ministry of Public Security.

Article 4. Principles of conclusion and implementation of treaties and international agreements in the People’s Public Security Forces

1. To conform to the Constitution and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party; to conform to external policies of the Party and the State;

2. To comply with the principles provided in Article 3 of the 2016 Law on Treaties and Article 3 of the 2020 Law on International Agreements.

3. To create the legal foundation for international cooperation in protection of national security, assurance of social order and safety and crime prevention and fight.

4. To comply with the order, procedures and competence for proposing the conclusion and implementation of treaties in accordance with the 2016 Law on Treaties; and for proposing the conclusion and implementation of international agreements in accordance with the 2020 Law on International Agreements, and this Circular.

5. The conclusion and implementation of treaties and international agreements must base on the capacity and resources of the Ministry of Public Security and public security agencies so as to ensure feasibility and effectiveness.

Article 5. Management of treaty-related work and international agreement-related work in the People’s Public Security Forces

1. The management of treaty-related work and international agreement-related work in the People’s Public Security Forces covers:

a/ Promulgating legal documents on treaties and international agreements falling within the scope of state management by the Ministry of Public Security;

b/ Formulating long-term and annual plans on conclusion and implementation of treaties and international agreements of the Ministry of Public Security;

c/ Making reports on the conclusion and implementation of treaties and international agreements of the Ministry of Public Security;

d/ Proposing, concluding, amending, supplementing, abandoning, withdrawing from, making reservations to, withdrawing from making reservations to, suspending, and organizing the implementation of, treaties and international agreements falling within the scope of state management by the Ministry of Public Security;

dd/ Examining and appraising dossiers of proposal for conclusion of treaties submitted by public security agencies; examining and appraising dossiers of proposal for conclusion of international agreements submitted by public security agencies;

e/ Giving opinions on draft treaties and draft international agreements, and plans on organization of implementation of treaties and international agreements proposed by ministries, sectors, agencies and organizations;

g/ Assessing impacts on public security and social order in the process of concluding and implementing treaties and international agreements according to regulations;

h/ Promulgating according to competence, or submitting to competent persons for approval, plans on organization of implementation of treaties and international agreements in the People’s Public Security Forces;

i/ Making statistics of, reviewing, systemizing, archiving, making certified copies, translating, building the system of databases of, and publishing, treaties and international agreements in the People’s Public Security Forces to the Ministry of Public Security’s portal;

k/ Disseminating, and organizing refresher training on, treaties and international agreements falling within the scope of state management by the Ministry of Public Security as well as the law on treaties and international agreements;

l/ Organizing preliminary and overall reviews of the conclusion and implementation of treaties and international agreements falling within the scope of state management by the Ministry of Public Security;

m/ Entering into international cooperation on treaty-related work and international agreement-related work in the People’s Public Security Forces.

2. The Department of Legal Affairs and Administrative-Judicial Reform shall assist the Minister of Public Security (below referred to as the Minister) in performing the unified management of treaty-related work and international agreement-related work in the People’s Public Security Forces.

Chapter II

PROPOSALS FOR CONCLUSION OF TREATIES AND INTERNATIONAL AGREEMENTS

Section 1

PROPOSALS FOR CONCLUSION OF TREATIES

Article 6. Grounds for proposing and making plans on conclusion of treaties

1. Public security agencies shall, when proposing the conclusion of treaties to the Minister, base themselves on plans on conclusion of treaties of the Ministry of Public Security and directions of competent persons or agencies or requirements for international cooperation on security and social order protection.

2. Annually and once every five years, based on requirements for international cooperation and laws, the Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, formulating plans on conclusion of treaties of the Ministry of Public Security and report them to the Minister for approval and signing for promulgation.

Article 7. Study of the possibility of conclusion of a treaty

1. Pursuant to Clause 1, Article 6 of this Circular, before proposing the conclusion of a treaty to the Minister, a public security agency shall study:

a/ Practical situation and needs for international cooperation of Vietnam;

b/ Legal provisions of Vietnam and provisions of treaties to which Vietnam is a contracting party which are in the same field with the treaty proposed for conclusion; laws of the country concerned and relevant international laws;

c/ The draft treaty proposed by the foreign partner (if any);

d/ Anticipated impacts on political and external affairs, national defense, public security and social order, socio-economic issues, and other impacts on Vietnam;

dd/ Vietnam’s capacity and resources upon concluding and implementing the treaty.

2. In case of proposing the conclusion of a treaty with complicated contents regarding political and external affairs, national defense, public security and social order, or socio-economic issues, the proposing unit shall report thereon to the Minister for the latter to submit to competent authorities the formulation of a scheme or report on study of the possibility of conclusion of the treaty. Based on the scheme or report study results, the proposing unit shall report thereon to the Minister for the latter to solicit directing opinions of competent authorities on the conclusion of the treaty before proceeding with procedures for conclusion of the treaty in accordance with the 2016 Law on Treaties.

Article 8. Order and procedures for proposing the negotiation of a treaty

1. Based on the study results mentioned in Clause 1, Article 7 of this Circular or after obtaining the approval of competent authorities according to Clause 2, Article 7 of this Circular, the proposing unit shall proceed with the procedures specified in Articles 8, 9, 10, 11, and 12 of the 2016 Law on Treaties.

2. The proposing unit shall make a dossier on negotiation of the treaty and submit it to the Ministry of Foreign Affairs, the Ministry of Justice, and related ministries, sectors, agencies, organizations and public security agencies to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- The draft report containing the contents specified at Point a, Clause 1, Article 11 of the 2016 Law on Treaties;

- The draft treaty prepared by Vietnam (the Vietnamese and foreign-language versions);

- The draft treaty prepared by the foreign partner (the foreign-language version and its Vietnamese translation) and the draft negotiation option plans, if the treaty will be concluded based on the draft prepared by the foreign partner;

- Other relevant documents.

3. Based on opinions of ministries, sectors, agencies, organizations and public security agencies, the proposing unit shall revise the dossier and solicit directing opinions of Deputy Ministers.

4. Based on directing opinions of Deputy Ministers and opinions of ministries, sectors, agencies, organizations and public security agencies, the proposing unit shall finalize the dossier and send 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for examination. The time limit for examination is 15 (fifteen) working days from the date of receiving a complete dossier.

The dossier must comprise:

- A request for examination;

- The documents specified in Clause 2 of this Article;

- A table summarizing, explaining and assimilating directing opinions of Deputy Ministers and opinions of ministries, sectors, agencies, organizations and public security agencies and copies of texts of these opinions.

5. Within 5 (five) working days after receiving the examination opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier according to Article 11 of the 2016 Law on Treaties and report thereon to the Minister for the latter to propose the Government to submit to the President the negotiation of the treaty in the name of the State or to submit to the Prime Minister the negotiation of the treaty in the name of the Government.

6. After the President or the Prime Minister approves the proposal for negotiation and authorizes the negotiation, the proposing unit shall work with the foreign partner to reach agreement on the time and venue of negotiation and mode of negotiation; and proceed with procedures for authorization of the negotiation of treaties according to Article 22 of the 2016 Law on Treaties. Based on the President’s or the Prime Minister’s letter of authorization, the proposing unit shall report thereon to the Minister for the latter to decide to establish a negotiation delegation.

7. Based on the decision on establishment of the negotiation delegation and directing opinions of the Minister, the proposing unit shall coordinate with the Department of External Affairs and related public security agencies in organizing negotiation on the draft treaty and report to the Minister on the contents and results of negotiation. The order and procedures for organization of overseas working delegations and reception of international guests and protocol procedures serving the negotiation must comply with the Minister of Public Security’s Circular No. 76/2020/TT-BCA of July 2, 2020, providing external activities of the People’s Public Security Forces.

Article 9. Order and procedures for proposing the conclusion of a treaty

1. After the negotiation finishes and the signatories reach agreement on the whole contents of the treaty, the proposing unit shall make a dossier of proposal for conclusion of the treaty and send it to related agencies, organizations and public security agencies to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- The draft report proposing the conclusion of the treaty according to Article 16 of the 2016 Law on Treaties;

- The draft plan on implementation of the treaty;

- The draft report on assessment of impacts on political affairs, national defense, public security, socio-economic issues and other impacts of the treaty;

- The draft report on assessment of the compatibility of the treaty proposed for conclusion with treaties in the same field to which the Socialist Republic of Vietnam is a contracting party;

- The draft report on assessment of the conformity of the treaty with Vietnam’s law;

- The text of the treaty (the Vietnamese and foreign-language versions, initialed by heads of negotiation delegations).

2. After assimilating and making explanations to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the dossier according to Articles 19 and 21 of the 2016 Law on Treaties and send it to the Ministry of Foreign Affairs and the Ministry of Justice to solicit examination opinions and appraisal opinions, respectively.

3. Based on opinions of the Ministry of Foreign Affairs and the Ministry of Justice, the proposing unit shall revise the dossier and send 2 (two) dossier sets as specified in Article 17 of the 2016 Law on Treaties to the Department of Legal Affairs and Administrative-Judicial Reform for examination. The time limit for examination is 15 (fifteen) working days from the date of receiving a complete dossier.

4. Within 5 (five) working days after receiving opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report thereon to the Minister for the latter to propose the Government to submit to the President for decision the signing of the treaty in the name of the State or to propose the Government to decide on the signing of the treaty in the name of the Government.

5. After the President or the Government decides on the signing and authorizes the signing of the treaty, the proposing unit shall carry out procedures of request for issuance of a letter of authorization to sign the treaty according to Article 63 of the 2016 Law on Treaties. In order to prepare for the signing of the treaty, the proposing unit shall coordinate with the Department of External Affairs, units of the Ministry of Foreign Affairs and related agencies in performing the jobs specified in Section 4, Chapter II of the 2016 Law on Treaties.

Article 10. Order and procedures for proposing the ratification or approval of a treaty

1. Based on Article 28 or 37 of the 2016 Law on Treaties, the proposing unit shall make a dossier of proposal for ratification or approval of the treaty and send it to the Ministry of Foreign Affairs, the Ministry of Justice, agencies, organizations and related public security agencies to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- The draft report specified in Clause 1, Article 31 of the 2016 Law on Treaties;

- A tentative plan on implementation of the treaty;

- The text of the treaty (Vietnamese and foreign-language versions).

2. After assimilating and giving explanations to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the dossier according to Article 31 of the 2016 Law on Treaties and send 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for examination. The time limit for examination is 15 (fifteen) working days from the date of receiving a complete dossier.

3. Within 5 (five) working days after receiving opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report thereon to the Minister for submission to the Government for subsequent submission to the President the ratification of the treaty or for the President to propose the National Assembly to ratify the treaty, for treaties subject to ratification; or report to the Minister for the latter to propose the Government to approve the treaty, for treaties subject to approval.

Article 11. Order and procedures for proposing the accession to a treaty

1. Pursuant to Article 7 of this Circular, the proposing unit shall make a dossier on accession to a multilateral treaty and send it to related agencies, organizations and public security agencies to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- A draft report containing the contents similar to those specified in Article 16 of the 2016 Law on Treaties and assessment of impacts on political and external affairs, national defense, public security, socio-economic issues and other impacts of the treaty; the compatibility of the treaty proposed for accession with treaties in the same field to which the Socialist Republic of Vietnam is a contracting party; and the conformity of the treaty with Vietnam’s law.

- A tentative plan on implementation of the treaty;

- The text of the treaty (Vietnamese and foreign-language versions);

- A list of parties to the treaty, documents amending or supplementing the treaty, reservations to, acceptance or objection of reservations to, and declarations of foreign signatories on, the treaty; necessary legal procedures and other information relating to the accession to the treaty.

2. After assimilating and giving explanations to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the dossier and send it to the Ministry of Foreign Affairs and the Ministry of Justice to solicit examination opinions and appraisal opinions, respectively.

3. Based on the opinions of the Ministry of Foreign Affairs and the Ministry of Justice, the proposing unit shall revise the dossier according to Article 45 of the 2016 Law on Treaties and solicit directing opinions of Deputy Ministers.

4. After receiving directing opinions of Deputy Ministers, the proposing unit shall revise the dossier and send 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for examination. The time limit for examination is 15 (fifteen) working days from the date of receiving a complete dossier.

5. Within 5 (five) working days after receiving opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report to the Minister for submission to the Government for subsequent submission to the President to decide on the accession to the treaty or for the President to propose the National Assembly to decide on the accession to the treaty in the name of the State; or report to the Minister for proposing the Government to decide on accession of the treaty in the name of the Government.

Article 12. Contents of examination of dossiers of proposal for negotiation, signing, ratification, and approval of, and accession to treaties

The examination of a dossier of proposal for negotiation, signing, ratification, or approval of, or accession to a treaty covers:

1. Compliance with the principles, order and procedures specified in the 2016 Law on Treaties and this Circular.

2. Examination and checking against requirements for international cooperation in the field of protection of public security and social order within the ambit of functions and tasks of the Ministry of Public Security in accordance with law.

3. Documents required to be included in the dossier.

4. Contents and format of documents included in the dossier.

Section 2

PROPOSALS FOR CONCLUSION OF INTERNATIONAL AGREEMENTS

Article 13. Grounds for proposing and formulating plans on conclusion of international agreements

1. Public security agencies shall, when proposing the conclusion of international agreements to the Minister, base themselves on plans on conclusion of international agreements of the Ministry of Public Security and directions of competent persons or agencies or requirements for international cooperation on security and social order protection.

2. Annually and once every five years, based on requirements for international cooperation and laws, the Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, formulating plans on conclusion of international agreements of the Ministry of Public Security and report them to the Minister for approval and signing for promulgation.

Article 14.  Order and procedures for proposing the conclusion of an international agreement in the name of the State or the Government

1. Pursuant to Clause 1, Article 13 of this Circular, the proposing unit shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform, the Department of External Affairs, public security agencies, and agencies and organizations directly related to the international agreement so as to exchange opinions with the foreign signatory on the draft international agreement in the name of the State or the Government.

2.  After the involved parties reach agreement on the contents of the draft international agreement, the proposing unit shall make a dossier for conclusion of the international agreement in the name of the State or the Government according to Article 27 of the 2020 Law on International Agreements and send it to the Ministry of Foreign Affairs, agencies, organizations and public security agencies directly related to the international agreement to solicit the latter’s opinions. Based on contributed opinions, the proposing unit shall revise the dossier according to Article 28 of the 2020 Law on International Agreements and send the revised dossier to Deputy Ministers to solicit the latter’s directing opinions.

3. After receiving Deputy Ministers’ directing opinions, the proposing unit shall further revise the dossier and send 2 (two) dossier sets to the Department of External Affairs for examination and 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for appraisal. The time limit for examination or appraisal is 15 (fifteen) working days from the date of receiving a complete dossier.

The dossier must comprise:

- A request for examination or appraisal;

- The documents specified in Article 28 of the 2020 Law on International Agreements;

- Directing opinions of Deputy Ministers;

- Other documents (if any).

4. Within 5 (five) working days after receiving opinions of the Department of External Affairs and the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report it to the Minister for submission to the Prime Minister for decision, for international agreements in the name of the Government; or for proposing the Government to submit it to the President for decision, for international agreements in the name of the State according to Chapter II of the 2020 Law on International Agreements.

5. In furtherance of the President’s or the Prime Minister’s written decision on conclusion of the international agreement, the proposing unit shall coordinate with the Department of External Affairs and related units of the Ministry of Foreign Affairs in organizing the conclusion of the international agreement and make reports according to Clauses 4 and 5, Article 9, and Articles 10 and 11, of the 2020 Law on International Agreements.

Article 15. Order and procedures for proposing the conclusion of an international agreement in the name of the Ministry of Public Security

1. The proposing unit shall, pursuant to Clause 1, Article 13 of this Circular, coordinate with the Department of Legal Affairs and Administrative-Judicial Reform, the Department of External Affairs, public security agencies, and agencies and organizations directly related to the international agreement in working with the foreign signatory about the draft international agreement in the name of the Ministry of Public Security.

2. After the parties reach agreement on contents of the draft international agreement, the proposing unit shall make a dossier for conclusion of an international agreement in the name of the Ministry of Public Security according to Article 27 of the 2020 Law on International Agreements; and send it to the Ministry of Foreign Affairs, and agencies, organizations, and public security agencies directly related to the international agreement to solicit the latter’s opinions. In case the consulted agencies and organizations do not agree with the conclusion of the international agreement, the proposing unit shall carry out the procedures specified in Clause 4, Article 17 of the 2020 Law on International Agreements.

3. Based on contributed opinions, the proposing unit shall revise the dossier according to Article 28 of the 2020 Law on International Agreements and send the revised dossier to Deputy Ministers to solicit the latter’s directing opinions.

4. After obtaining Deputy Ministers’ opinions, the proposing unit shall further revise the dossier and send 2 (two) dossier sets to the Department of External Affairs for examination and 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for appraisal. The time limit for examination or appraisal is 15 (fifteen) working days from the date of receiving a complete dossier.

The dossier must comprise:

- A request for examination or appraisal;

- The documents specified in Article 28 of the 2020 Law on International Agreements;

- Directing opinions of Deputy Ministers;

- Other documents (if any).

5. Within 5 (five) working days after receiving examination opinions of the Department of External Affairs and appraisal opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report thereon to the Minister for the latter to decide on the conclusion of the international agreement.

6. In furtherance of the Minister’s written decision on the conclusion of the international agreement, the proposing unit shall coordinate with the Department of External Affairs in organizing the conclusion of the international agreement and carry out reporting procedures according to Clause 5, Article 17 of the 2020 Law on International Agreements.

Article 16. Order and procedures for proposing the conclusion of an international agreement in the name of a unit of the Ministry of Public Security

1. The proposing unit shall, pursuant to Clause 1, Article 13 of this Circular, coordinate with the Department of Legal Affairs and Administrative-Judicial Reform, the Department of External Affairs, public security agencies, and agencies and organizations directly related to the international agreement in working with the foreign signatory on the draft international agreement in the name of a unit of the Ministry of Public Security.

2. After the parties reach agreement on contents of the draft international agreement, the proposing unit shall make a dossier for conclusion of an international agreement in the name of the unit of the Ministry of Public Security; and send it to public security agencies and agencies and organizations directly related to such international agreement to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- The draft proposal for conclusion of the international agreement with the contents specified in Clause 1, Article 27 of the 2020 Law on International Agreements;

- The text of the draft international agreement (Vietnamese and foreign-language versions).

3. Based on contributed opinions, the proposing unit shall revise the dossier and send the revised dossier to Deputy Ministers to solicit the latter’s opinions.

4. After obtaining Deputy Ministers’ directing opinions, the proposing unit shall further revise the dossier and send 2 (two) dossier sets to the Department of External Affairs for examination and 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for appraisal.

The time limit for examination or appraisal is 15 (fifteen) working days from the date of receiving a complete dossier.

The dossier must comprise:

- A request for examination or appraisal;

- The documents specified in Article 28 of the 2020 Law on International Agreements;

- Directing opinions of Deputy Ministers;

- Other documents (if any).

5. Within 5 (five) working days after receiving examination opinions of the Department of External Affairs and appraisal opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report thereon to the Minister for the latter to decide on the conclusion of the international agreement.

6. Pursuant to the Minister’s decision on the conclusion of the international agreement, the proposing unit shall coordinate with the Department of External Affairs in organizing the conclusion of the international agreement and reporting the conclusion results to the Minister.

Article 17. Order and procedures for proposing the conclusion of an international agreement in the name of a provincial-level Department of Public Security

1. A provincial-level Department of Public Security shall, pursuant to Clause 1, Article 13 of this Circular, coordinate with the Department of Legal Affairs and Administrative-Judicial Reform, the Department of External Affairs, public security agencies, and agencies and organizations directly related to the international agreement in, working with the foreign signatory on the draft international agreement in the name of the provincial-level Department of Public Security.

2. After the parties reach agreement on contents of the draft international agreement, the proposing unit shall make a dossier for conclusion of the international agreement and send it to public security agencies, the specialized agency in charge of external affairs of the provincial-level People’s Committee, and agencies and organizations directly related to the international agreement to solicit the latter’s opinions.

The dossier must comprise:

- A request for contribution of opinions;

- A draft proposal for conclusion of the international agreement with the contents specified in Clause 1, Article 27 of the 2020 Law on International Agreements;

- The text of the draft international agreement (Vietnamese and foreign-language versions).

3. Based on contributed opinions, the proposing unit shall revise the dossier and send the revised dossier to Deputy Ministers to solicit the latter’s opinions.

4. The proposing unit shall study, assimilate and give explanations to contributed opinions, then further revise the dossier and send 2 (two) dossier sets to the Department of External Affairs for examination and 2 (two) dossier sets to the Department of Legal Affairs and Administrative-Judicial Reform for appraisal. The time limit for examination or appraisal is 15 (fifteen) working days from the date of receiving a complete dossier.

The dossier must comprise:

- A request for examination or appraisal;

- The documents specified in Article 28 of the 2020 Law on International Agreements;

- Other documents (if any).

5. Within 5 (five) working days after receiving examination opinions of the Department of External Affairs and appraisal opinions of the Department of Legal Affairs and Administrative-Judicial Reform, the proposing unit shall finalize the dossier and report thereon to the Minister for the latter to decide on the conclusion of the international agreement.

6. Pursuant to the Minister’s decision on the conclusion of the international agreement, the proposing unit shall coordinate with the Department of External Affairs in organizing the conclusion of the international agreement and report the conclusion results to the Minister.

Article 18. Contents of appraisal and examination of a dossier for the conclusion of an international agreement

1. Contents of appraisal of a dossier for the conclusion of an international agreement include:

a/ Necessity and purpose of the conclusion of the international agreement;

b/ Legal grounds and bases;

c/ Compliance with the principles, order and procedures specified in the 2020 Law on International Agreements and this Circular;

d/ Feasibility and effectiveness of the international agreement;

dd/ Assessment of the compatibility of the international agreement with Vietnam’s law and treaties to which Vietnam is a contracting party;

e/ Assessment of the international agreement’s impacts on political affairs, external affairs, national defense, public security and social order, and socio-economic issues and other impacts.

2. Contents of examination of a dossier for conclusion of an international agreement include:

a/ Checking against strategies and plans on international cooperation in the field of public security and social order of the Party, State, Ministry of Public Security, and public security agencies;

b/ Consistency between the Vietnamese text and the foreign-language text of the international agreement;

c/ Title and format of the international agreement, the name under which the international agreement will be signed, the authority that will sign the international agreement, and the language, effect and wording techniques of the international agreement.

Chapter III

PROPOSALS FOR INVALIDATION, AMENDMENT, SUPPLEMENTATION, EXTENSION, AND ABANDONMENT OF, WITHDRAWAL FROM, AND SUSPENSION OF THE WHOLE OR PART OF, TREATIES; PROPOSALS FOR MAKING OF RESERVATIONS TO, ACCEPTANCE OF OR OBJECTION TO RESERVATIONS, WITHDRAWAL OF RESERVATIONS OR WITHDRAWAL OF OBJECTION TO RESERVATIONS OF, TREATIES; PROPOSALS FOR AMENDMENT AND SUPPLEMENTATION, EXTENSION, AND INVALIDATION OF, WITHDRAWAL FROM, AND SUSPENSION OF INTERNATIONAL AGREEMENTS 

Article 19. Proposals for invalidation, amendment, supplementation, extension, and abandonment of, withdrawal from, and suspension of the whole or part of, treaties

1. In the course of implementation of a treaty, if it is necessary to amend, supplement or extend the treaty, the unit proposing the conclusion of the treaty shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in reporting thereon to the Minister for the latter to submit the amendment, supplementation or extension of the treaty  to the competent agency or person for decision according to Articles 54, 73 and 74 of the 2016 Law on Treaties.

2. The unit proposing the conclusion of the treaty shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in reporting to the Minister for submission to the competent agency or person the proposal for invalidation or abandonment of, withdrawal from, or suspension of the whole or part of, the treaty according to Article 55 of the 2016 Law on Treaties.

Article 20. Proposals for making of reservations, acceptance of or objection to reservations, withdrawal of reservations, or withdrawal of objection to reservations to treaties

1. At the time a treaty is signed, approved or ratified, the proposing unit shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in reporting to the Minister for submission to the competent agency or person for decision the making of reservations to the treaty according to Article 47 of the 2016 Law on Treaties.

2. The proposing unit shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in reporting to the Minister for submission to the competent agency or person for decision the acceptance of or objection to reservations, withdrawal of reservations or withdrawal of objection to reservations to the treaty according to Article 48, 49, 50 and 51 of the 2016 Law on Treaties.

Article 21. Proposals for amendment, supplementation, and extension of, withdrawal from, invalidation of or suspension of international agreements

1. In the course of implementing an international agreement, if it is necessary to amend or supplement, extend, withdraw from, invalidate, or suspend the international agreement, the unit proposing the conclusion of the international agreement shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform and the Department of External Affairs in reporting on the amendment, supplementation, and extension of, withdrawal from, invalidation of or suspension of the international agreement to the Minister for decision or for submission to the President or Prime Minister for decision. For an international agreements concluded in the name of a unit of the Ministry of Public Security or a provincial-level Department of Public Security, the head of such unit or department shall decide on the amendment, supplementation, and extension of, withdrawal from, invalidation and suspension of, the international agreement.

2. The proposing unit shall report to the Minister for decision or submit to the competent agency or person for decision the invalidation or suspension of an international agreement if deeming that the implementation of such international agreement does not adhere to any of the principles specified in Article 3 of the 2020 Law on International Agreements.

3. The order and procedures for proposing the amendment, supplementation, and extension of, withdrawal from, invalidation and suspension of, international agreements in the name of the State, Government or Ministry of Public Security must comply with Articles 33 and 34 of the 2020 Law on International Agreements.

4. The order and procedures for proposing the amendment, supplementation, and extension of, withdrawal from, invalidation and suspension of, international agreements in the name of units of the Ministry of Public Security or provincial-level Departments of Public Security are similar to those for conclusion of international agreements specified in this Circular.

5. Public security agencies shall notify the invalidation of, withdrawal from or suspension of, an international agreement to the Department of Legal Affairs and Administrative-Judicial Reform and Department of External Affairs within 15 (fifteen) working days after invalidating, withdrawing from or suspending the international agreement.

Chapter IV

FAST-TRACK ORDER AND PROCEDURES

Article 22. Application of fast-track order and procedures with regard to treaties and international agreements

1. The fast-track order and procedures shall be applied to the conclusion of a treaty in the following cases:

a/ The fast-track order and procedures are applied only to the negotiation, signing, amendment, supplementation or extension of the treaty;

b/ The treaty does not fall into the case specified in Clause 2 or 3, Article 70 of the 2016 Law on Treaties.

2. The fast-track order and procedures shall be applied to the conclusion of international agreements in the name of the State, Government and Ministry of Public Security if the conditions specified in Article 35 of the 2020 Law on International Agreements are satisfied.

3. The fast-track order and procedures shall be applied to the conclusion of an international agreement in the name of a unit of the Ministry of Public or a provincial-level Department of Public Security when:

a/ The Minister has granted permission for the signing of the international agreement during a visit of a high-ranking delegation of Vietnam or the Ministry of Public Security to the foreign country concerned or a visit of a foreign high-ranking delegation or foreign partners’ delegation to Vietnam;

b/ It is necessary to urgently deal with the situation to meet political, external affairs, national defense, and security-social order requirements, for the purpose of emergency relief or remediation of consequences of a disaster, catastrophe or an epidemic or for other emergency reasons.

Article 23. Negotiation, conclusion, amendment, supplementation or extension of a treaty according to fast-track order and procedures; conclusion, amendment, supplementation or extension of an international agreement in the name of the State, Government or Ministry of Public Security according to fast-track order and procedures

1. The unit proposing the conclusion of a treaty shall, pursuant to Clause 1, Article 22 of this Circular, report to the Minister the negotiation, signing, amendment, supplementation or extension of the treaty according to the fast-track order and procedures specified in Chapter VII of the 2016 Law on Treaties.

2. The unit proposing the conclusion of an international agreement in the name of the State, Government or Ministry of Public Security shall, pursuant to Clause 2, Article 22 of this Circular, report to the Minister the conclusion, amendment, supplementation or extension of the international agreement according to the fast-track order and procedures specified in Chapter IV of the 2020 Law on International Agreements.

Article 24. Conclusion, amendment, supplementation and extension of international agreements in the name of units of the Ministry of Public Security or provincial-level Departments of Public Security according to fast-track order and procedures

1. The unit proposing the conclusion of an international agreement in the name of a unit of the Ministry of Public Security or provincial-level Department of Public Security shall, pursuant to Clause 3, Article 22 of this Circular, send a dossier for conclusion of the international agreement to the in-charge Deputy Minister to solicit the latter’s directing opinions and to the Department of Legal Affairs and Administrative-Judicial Reform, Department of External Affairs, and agencies and units directly related to the international agreement to solicit the latter’s opinions.

2. Based on directing opinions of the in-charge Deputy Minister and opinions of the Department of Legal Affairs and Administrative-Judicial Reform, Department of External Affairs, and agencies and units directly related to the international agreement, the proposing unit shall finalize the dossier according to Clause 4 of this Article and report thereon to the Minister for consideration and decision.

3. A dossier of consultation on the proposal for conclusion of an international agreement according to fast-track order and procedures must comprise:

a/ A request for contribution of opinions;

b/ A draft report to the Minister, covering the following contents:

- Requirements and purposes of the conclusion of the international agreement;

- Major contents of the international agreement;

- Assessment of the international agreement’s impacts on political affairs, external affairs, national defense, public security and socio-economic issues and other impacts;

- Compliance with the principles specified in Article 4 of this Circular;

- Reasons for requesting the application of the fast-track order and procedures;

c/ Documents proving the eligibility for application of the fast-track order and procedures specified in Clause 3, Article 22 of this Circular;

d/ The text of the draft international agreement (Vietnamese and foreign-language versions). For international agreements with foreign-language texts only, their Vietnamese translations are required.

4. A dossier for reporting to the Minister on the proposal for conclusion of an international agreement according to fast-track order and procedures must comprise:

a/ A report to the Minister, covering the contents specified at Point b, Clause 3 of this Article;

b/ Documents proving the eligibility for application of the fast-track order and procedures specified in Clause 3, Article 22 of this Circular;

c/ The text of the draft international agreement (Vietnamese and foreign-language versions). For international agreements with foreign-language texts only, their Vietnamese translations are required;

d/ The table summarizing, giving explanations to and assimilating directing opinions of the in-charge Deputy Minister and opinions of the Department of Legal Affairs and Administrative-Judicial Reform and Department of External Affairs, and related agencies and units;

dd/ Written opinions of the in-charge deputy minister and opinions of the Department of Legal Affairs and Administrative-Judicial Reform and Department of External Affairs, and related agencies and units.

5. The amendment, supplementation or extension of an international agreement in the name of a unit of the Ministry of Public Security or the provincial-level Department of Public Security according to fast-track order and procedures are similar to those for conclusion of an international agreement according to fast-track order and procedures.

Article 25. Rejection of the application of fast-track order and procedures

In case the agency or person competent to decide on the negotiation, signing, amendment, supplementation or extension of a treaty or an international agreement rejects the application of fast-track order and procedures and returns the dossier, the proposing unit shall proceed with the normal process and procedures or supplement the dossier at the request of the competent agency or person.

Chapter V

ORGANIZATION OF IMPLEMENTATION OF TREATIES AND INTERNATIONAL AGREEMENTS

Article 26. Plans on implementation of treaties and agreements

1. The unit proposing the conclusion of a treaty shall assume the prime responsibility for proposing a plan to organize the implementation of the treaty and report it to the Minister for submission to the Prime Minister for consideration and decision according to Article 76 of the 2016 Law on Treaties. Based on the plan approved by the Prime Minister, the proposing unit shall assume the prime responsibility for formulating a plan to organize the implementation of the treaty in the People’s Public Security Forces and report it to the Minister for consideration and decision.

2. Public security agencies proposing the conclusion of international agreements shall assume the prime responsibility for formulating plans to organize the implementation of such international agreements.

3. Public security agencies shall, within the ambit of their assigned functions, tasks and powers, propose plans to organize the implementation of public security-related treaties and international agreements the conclusion of which is proposed by ministries, departments, sectors, agencies and organizations.

Article 27. Responsibilities of the Department of Legal Affairs and Administrative-Judicial Reform in the implementation of treaties and international agreements

The Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, performing the following tasks:

1. To formulate plans to organize the implementation of treaties in the People’s  Public Security Forces.

2. To organize, guide, monitor and urge the implementation of treaties in the People’s   Public Security Forces.

3. To report to the Minister for promulgation according to his/her competence, or for submission to competent authorities for consideration and decision, the promulgation, amendment, supplementation or annulment of, legal documents serving the implementation of treaties.

4. To take necessary measures to protect the rights and interests of the State and Government of the Socialist Republic of Vietnam, the Ministry of Public Security, and public security agencies in case foreign signatories violate treaties or international agreements.

5. To archive treaties and international agreements (hard copies and electronic files) in accordance with the law on archives.

6. To organize public communication, dissemination and training on treaties and international agreements.

7. To organize preliminary and overall reviews of the implementation of treaties in the People’s Public Security Forces.

8. To carry out international cooperation in implementation of treaties.

9. To perform other tasks as assigned by the Minister.

Article 28. Responsibilities of the Department of External Affairs in the implementation of treaties and international agreements

The Department of External Affairs shall assume the prime responsibility for, and coordinate with public security agencies in, performing the following tasks:

1. To formulate plans to organize the implementation of international agreements in the People’s Public Security Forces.

2. To organize, guide, monitor and urge the implementation of international agreements in the People’s Public Security Forces.

3. To organize the translation of treaties, international agreements and documents relating to the organization of implementation of treaties and agreements from Vietnamese into foreign languages ​​and vice versa.

4. To organize preliminary and overall reviews of the implementation of international agreements in the People’s Public Security Forces.

5. To carry out international cooperation in the implementation of international agreements.

6. To perform other tasks as assigned by the Minister.

Article 29. Responsibilities of public security agencies in the implementation of treaties and international agreements

1. Within the ambit of their assigned tasks and powers, to organize the implementation of treaties and international agreements.

2. To formulate plans on implementation of effective treaties and international agreements of which they are assigned to assume the prime responsibility for proposing the conclusion.

3. To coordinate in proposing and reporting to the Minister for promulgation according to his/her competence, or for recommending the promulgation, amendment, supplementation or annulment of, legal documents serving the implementation of treaties.

4. To coordinate in organizing public communication, dissemination and training on treaties and international agreements falling within the scope of state management by the Ministry of Public Security.

5. To coordinate in organizing preliminary and overall reviews of the implementation of treaties and international agreements in the People’s Public Security Forces.

6. Annually or upon request, to report to the Minister the results of implementation of treaties and international agreements.

Article 30. Making of statistics, review, systemization, archive, duplication and translation of, and building of a system of databases on, and posting of treaties and international agreements

1. Annually, the Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, making statistics, reviewing, systemizing, archiving (hard copies and electronic files), duplicating, and building a system of databases on, and posting to the Ministry of Public Security’s portal treaties and international agreements that have come into force (except treaties and international agreements having contents classified as state secrets in accordance with law or in case the non-disclosure has been agreed with foreign signatories or decided in writing by a competent state agency according to Article 60 of the 2016 Law on Treaties).

2. Public security agencies proposing the conclusion of treaties and international agreements shall assume the prime responsibility for, and coordinate with the Department of External Affairs in, translating treaties and international agreements and documents serving the conclusion and implementation of treaties and international agreements from Vietnamese to foreign languages ​​and vice versa.

Article 31. Funds for treaty-related work and international agreement-related work

1. Funds for the conclusion and implementation of treaties and international agreements in the People’s Public Security Forces shall be included in state budget funds allocated for annual regular activities of public security agencies and other funding sources in accordance with law.

2. The management and use of funds for treaty-related work and international agreement-related work in the People’s Public Security Forces must comply with law.

3. The Department of Planning and Finance shall assume the prime responsibility for, and coordinate with related public security agencies in, guiding and examining the management, use and account-finalization of funds for treaty-related work and international agreement-related work in the People’s Public Security Forces in accordance with law.

Chapter VI

PARTICIPATION IN CONCLUSION AND IMPLEMENTATION OF TREATIES AND INTERNATIONAL AGREEMENTS PROPOSED BY MINISTRIES, DEPARTMENTS, SECTORS, AGENCIES AND ORGANIZATIONS; ASSESSMENT OF IMPACTS ON SECURITY AND SOCIAL ORDER IN THE COURSE OF CONCLUSION AND IMPLEMENTATION OF TREATIES AND INTERNATIONAL AGREEMENTS

Article 32. Participation in the conclusion and implementation of treaties and international agreements proposed by ministries, departments, sectors, agencies and organizations

1. The Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, participating in the conclusion and implementation of treaties and international agreements proposed by ministries, departments, sectors, agencies and organizations and reporting the result thereof to the Minister.

2. Public security agencies shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in participating in the conclusion and implementation of treaties and agreements international proposed by ministries, departments, sectors, agencies and organizations.

Article 33. Assessment of impacts on security and social order in the course of conclusion and implementation of treaties and international agreements

1. The Department of Legal Affairs and Administrative-Judicial Reform shall assume the prime responsibility for, and coordinate with public security agencies in, assessing the impacts on security and social order in the course of conclusion and implementation of treaties and international agreements in accordance with the Government’s Decree No. 35/2011/ND-CP of May 18, 2011, on legal measures to protect national security and maintain social order and safety, and other relevant legal documents; and reporting thereon to the Minister for consideration and decision.

2. The assessment of impacts on security and social order in the course of conclusion and implementation of treaties and international agreements covers the following contents:

a/ Conformity with strategies, policies and plans on security and social order protection of the Party and State and regulations of the Ministry of Public Security;

b/ Effects of the conclusion and implementation of treaties and international agreements on the tasks of protecting national security, ensuring social order and safety, and fighting crime and violations of the law on national security and social order and safety; advantages and disadvantages in the protection of security and social order upon conclusion and implementation of treaties and international agreements; and risks threatening security and social order upon conclusion and implementation of treaties and international agreements;

c/ Other issues related to security and social order.

3. Public security agencies shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform in performing the task of assessing the impacts on security and social order in the course of conclusion and implementation of treaties and international agreements.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 34. Effect

1. This Circular takes effect on July 1, 2021. In case the documents referred to in this Circular are replaced, amended or supplemented, the replacing, amending or supplementing documents shall prevail.

2. The Minister of Public Security’s Circular No. 63/2012/TT-BCA of October 29, 2012, providing the making of proposals for conclusion of, accession to and implementation of treaties; and proposals for conclusion and implementation of international agreements in the People’s Public Security Forces (below referred to as Circular No. 63/2012/TT-BCA), ceases to be effective on the effective date of this Circular.

Article 35. Implementation responsibility

1. Heads of public security agencies and related agencies, organizations and individuals shall implement this Circular.

2. The Director of the Department of Legal Affairs and Administrative-Judicial Reform shall guide, inspect and urge the implementation of this Circular.

3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Public Security (via the Department of Legal Affairs and Administrative-Judicial Reform) for timely guidance.

Article 36. Transitional provisions

1. In case a treaty or an international agreement in the People’s Public Security Forces has not yet been signed before the effective date of this Circular but the conclusion of which has been carried out following the order and procedures specified in Circular No. 63/2012/TT-BCA, the organization of the conclusion of such treaty or international agreement may be carried out according to Circular No. 63/2012/TT-BCA without having to proceed with the order and procedures specified in this Circular.

2. For international agreements already concluded according to Circular No. 63/2012/TT-BCA, public security agencies shall organize the implementation thereof; the amendment, supplementation, extension, and invalidation of, withdrawal from or suspension of such international agreements must comply with the order and procedures specified in this Circular.

3. For international cooperation documents already concluded in the name of public security agencies but not considered international agreements according to Ordinance No. 33/2007/PL-UBTVQH11 on Conclusion and Implementation of International Agreements and Circular No. 63/2012/TT-BCA, within 3 (three) years from the effective date of this Circular, the units carrying out cooperation activities stated in such cooperation documents shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform and the Department of External Affairs in working and reaching agreement with foreign partners on conclusion of international agreements to replace such documents.

4. For treaties already concluded in the name of a ministerial-level unit in accordance with the 1989 Ordinance on Conclusion and Implementation of Treaties and the 1998 Ordinance on Conclusion and Implementation of Treaties, within 3 (three) years from the effective date of this Circular, the proposing units shall coordinate with the Department of Legal Affairs and Administrative-Judicial Reform and the Department of External Affairs in working and reaching agreement with foreign partners to re-conclude such treaties in the form of treaty in the name of the State or the Government or in the form of international agreement in the name of the Ministry of Public Security or a unit of the Ministry of Public Security or a provincial-level Department of Public Security.-

Minister of Public Security
General TO LAM