Circular 6/2026/TT-BNG order and procedures for conclusion and implementation of cooperation documents between overseas representative missions and foreign partners

CIRCULAR

Providing the order and procedures for the conclusion and implementation, and management of the conclusion and implementation of cooperation documents between overseas representative missions of the Socialist Republic of Vietnam and foreign partners

Pursuant to Law No. 33/2009/QH12 on Overseas Representative Missions of the Socialist Republic of Vietnam, which is amended and supplemented under Law No. 19/2017/QH14 and Law No. 8/2026/QH16;

Pursuant to the Government’s Decree No. 28/2025/ND-CP of February 24, 2025, defining the functions, tasks, powers and organisational structure of the Ministry of Foreign Affairs;

At the proposal of the Director of the Department of International Law and Treaties;

The Minister of Foreign Affairs promulgates the Circular providing the order and procedures for the conclusion and implementation, and management of the conclusion and implementation of cooperation documents between overseas representative missions of the Socialist Republic of Vietnam and foreign partners.

Article 1. Scope of regulation

This Circular provides the order and procedures for the proposal, conclusion and implementation, and management of the conclusion and implementation of cooperation documents between overseas representative missions of the Socialist Republic of Vietnam (below referred to as representative missions) and foreign partners, and the responsibilities of related agencies and organisations.

This Circular does not regulate the conclusion and performance of civil contracts and labour contracts between representative missions and foreign parties under foreign laws or Vietnam’s laws.

Article 2. Subjects of application

This Circular applies to:

1. Representative missions;

2. Agencies and organisations within the organisational structure of the Ministry of Foreign Affairs;

3. Related agencies, organisations and individuals.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Representative missions include diplomatic representative missions, consular representative missions, and representative missions of the Socialist Republic of Vietnam at international organisations.

2. Cooperation document means a document on cooperation activities within the ambit of the functions, tasks and powers of a representative mission, which is concluded between the representative mission and a foreign partner, without generating, modifying or terminating any legally binding rights or obligations of the representative mission or of the Socialist Republic of Vietnam.

3. Foreign partner means a foreign agency or organisation that has its head office or a place of operation in the country or territory in which the representative mission is based or to which the representative mission is concurrently accredited.

4. Unit in charge of the relevant region means an organisation within the organisational structure of the Ministry of Foreign Affairs that is assigned to monitor and manage affairs in the country, territory or international organisation where the representative mission is based, or the country or territory within the representative mission’s area of concurrent accreditation.

Article 4. Principles for the conclusion and implementation of cooperation documents

1. The conclusion and implementation of cooperation documents must conform with the Constitution and laws of the Socialist Republic of Vietnam, the interests of the nation and the people, the foreign policy of the Socialist Republic of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party; and comply with the principles of respect for national sovereignty, non-interference in the internal affairs of states, and other fundamental principles of international law.

2. The conclusion of cooperation documents must not generate, modify or terminate legally binding rights or obligations of representative missions or of the Socialist Republic of Vietnam.

3. Cooperation documents shall be concluded only when necessary, so as to contribute to improving the effectiveness of Vietnam’s international cooperation; the conclusion must satisfy foreign affairs requirements and ensure effective and feasible implementation; cooperation activities must fall within the state budget funds allocated to, or self-financed funds of, representative missions in accordance with law.

4. The conclusion and implementation of cooperation documents must conform with the functions, tasks and powers of representative missions, and comply with the order and procedures for the conclusion of cooperation documents specified in this Circular.

5. The conclusion of cooperation documents must not impose any responsibility for implementation on the Vietnamese State, National Assembly, Government, and agency and organisations other than the signatories to such cooperation documents.

6. Requirements concerning language and contents of cooperation documents:

a/ The language used in cooperation documents must not express the legally binding nature of implementation;

b/ Cooperation documents must not provide that the applicable law is Vietnam’s law, the law of host countries or the law of a third country; must not provide for a dispute settlement mechanism by compulsory and final settlement measures, or waiver of the privileges and immunities of the representative mission or its members, unless otherwise decided by a competent authority.

7. Cooperation documents may be called agreement, declaration, letter of intent, memorandum of understanding, memorandum of agreement, exchange of notes, cooperation programme, cooperation plan or others, except convention, treaty, covenant and protocol.

Article 5. Order and procedures for conclusion of a cooperation document

1. Except the case specified in Clause 2 of this Article, the head of the representative mission shall decide on the conclusion of the cooperation document based on opinions of the unit in charge of the relevant region, the Department of International Law and Treaties, and other related agencies and organisations. The consulted agencies and organisations shall reply in writing within 7 working days after receiving a complete dossier specified in Article 6 of this Circular.

2. In case the representative mission and the agencies or organisations hold divergent opinions, or in case the conclusion of the cooperation document is complex or sensitive in relation to political affairs, national defence and security, foreign affairs, finance, economic affairs, trade or investment, or is related to the field under the state management of another ministry, sector or agency, the head of the representative mission shall report thereon to the Ministry of Foreign Affairs’ leadership through the unit in charge of the relevant region for consideration and decision.

Within 7 working days after receiving a complete dossier as specified in Article 6 of this Circular, the unit in charge of the relevant region shall, if deeming necessary, consult related agencies and organisations.

The unit in charge of the relevant region shall coordinate with the representative mission in studying and responding to opinions of related agencies and organisations, and completing the dossier for submission to the Ministry of Foreign Affairs’ leadership according to Article 7 of this Circular.

The head of the representative mission shall direct the conclusion of the cooperation document after obtaining a written approval of the Ministry of Foreign Affairs’ leadership.

3. Within 15 working days after concluding the cooperation document, the representative mission shall submit a written report to the Minister and simultaneously send a copy of the cooperation document to the unit in charge of the relevant region, the Department of International Law and Treaties, and other related agencies and organisations.

Article 6. Dossiers for consultation on proposals to conclude cooperation documents

A dossier for consultation on a proposal to conclude a cooperation document as specified d in Clauses 1 and 2, Article 5 of this Circular must comprise:

1. A written proposal for the conclusion of the cooperation document, clearly stating the background to, necessity for and purpose of concluding the cooperation document; the principal contents of the cooperation document; evaluation of the cooperation document’s conformity with Vietnam’s law and the law of the country or territory where the representative mission is based or to which it is concurrently accredited; the compatibility of the cooperation document with treaties to which the Socialist Republic of Vietnam is a contracting party; impacts on political affairs, foreign affairs, national defence, security and socio-economic situation, and other fields (if any); the compliance with Article 4 of this Circular; the proposed representative to sign the cooperation document; and recommendations concerning confidentiality of the cooperation document.

2. A draft cooperation document. In case the cooperation document is available only in a foreign language, a Vietnamese translation must be enclosed.

Article 7. Dossiers submitted for conclusion of cooperation documents

A dossier on the conclusion of a cooperation document specified in Clause 2, Article 5 of this Circular must comprise:

1. A written proposal for the conclusion of the cooperation document, containing the contents specified in Clause 1, Article 6 of this Circular and matters on which related agencies and organisations still hold divergent opinions (if any).

2. Written opinions from consulted agencies and organisations.

3. A draft cooperation document. In case the cooperation document is available only in a foreign language, a Vietnamese translation must be enclosed.

Article 8. Amendment, supplementation and extension of a cooperation document

1. Except the case specified in Clause 3 of this Article, the head of the representative mission shall decide on the amendment, supplementation and extension of the cooperation document after obtaining opinions of the unit in charge of the relevant region, the Department of International Law and Treaties, and other related agencies and organisations. The consulted agencies and organisations shall reply in writing within 7 working days after receiving a complete dossier as specified in Clause 2 of this Article.

2. In case the representative mission and consulted agencies and organisations hold divergent opinions, or the amendment, supplementation or extension of the cooperation document is complex or sensitive in relation to political affairs, national defence and security, foreign affairs, finance, economic affairs, trade or investment, or is related to the field under the state management of another ministry, sector or agency, the head of the representative mission shall report thereon to the Ministry of Foreign Affairs’ leadership through the unit in charge of the relevant region for consideration and decision.

Within 7 working days after receiving a complete dossier as specified in Clause 3 of this Article, the unit in charge of the relevant region shall, if deeming necessary, consult related agencies and organisations.

The unit in charge of the relevant region shall coordinate with the representative mission in studying and responding to opinions of related agencies and organisations and finalise the dossier for submission to the Ministry of Foreign Affairs’ leadership. The head of the representative mission shall direct the conclusion of the document amending, supplementing or extending the cooperation document after obtaining the written approval from the Ministry of Foreign Affairs’ leadership.

3. A dossier for consultation of opinions on the amendment, supplement or extension of a cooperation document must comprise:

a/ A document proposing the amendment, supplement or extension of the cooperation document, clearly stating the necessity for, and purpose of, the amendment, supplement or extension; the content of the amendment or supplement or the extension period; and the assessment of the impact of the amendment, supplement or extension;

b/ A draft document on the amendment, supplement or extension of the validity of the cooperation document. In case the draft document is available only in a foreign language, a Vietnamese translation must be enclosed.

4. A dossier submitted to the Ministry of Foreign Affairs’ leadership regarding the amendment, supplementation or extension of a cooperation document specified in Clause 2 of this Article must comprise the documents specified in Clause 3 of this Article and a document on responses to opinions of related agencies and organisations.

5. A representative mission shall send a written report to the Minister of Foreign Affairs and simultaneously send the document on the amendment, supplementation or extension of the cooperation document to the unit in charge of the relevant region, the Department of International Law and Treaties, and other related agencies and organisations within 15 working days from the amendment, supplementation or extension become effective.

Article 9. Invalidation of, withdrawal from, and suspension of implementation of a cooperation document

1. In case the cooperation document contains provisions on invalidation, withdrawal or suspension of implementation, or the two signatories have reached a written agreement on invalidation, withdrawal, or suspension of implementation, or in case of occurrence of a violation of the principles specified in Article 4 of this Circular during the course of implementation of the cooperation document, the head of the relevant representative mission shall decide on the invalidation of, withdrawal from, or suspension of the implementation of the cooperation document.

2. The representative mission shall report to the Minister of Foreign Affairs in writing and simultaneously notify the unit in charge of the relevant region, the Department of International Law and Treaties, and other related agencies and organisations about the invalidation of, withdrawal from, or suspension of implementation of the cooperation document within 15 working days after the invalidation of, withdrawal from, or suspension of implementation of the cooperation document becomes effective.

Article 10. Responsibilities for organising the implementation and archive of cooperation documents

1. Representative missions shall formulate plans on implementation of cooperation documents after conclusion and submit such plans to the Department of International Law and Treaties and units in charge of the relevant regions for monitoring and summarisation.

2. Representative missions shall report to the Minister of Foreign Affairs and the Ministry’s leadership on the conclusion and implementation of cooperation documents before November 15 every year, and simultaneously send them to units in charge of the relevant regions, the Ministry Office, the Department of Organisation and Personnel, and the Department of International Law and Treaties. Reports on the implementation of cooperation documents may be submitted separately or included in the representative missions’ annual work reports.

3. Representative missions shall archive the original cooperation documents. The archive must comply with the law on archives.

Article 11. Responsibilities of related agencies and organisations

1. Units in charge of regions shall:

a/ Give opinions on the necessity of the conclusion of cooperation documents, assess the impact of the conclusion of cooperation documents, and ensure the adherence to the principles specified in Article 4 of this Circular when so requested.

b/ Urge and monitor the conclusion and implementation of cooperation documents by representative missions in the regions under their charge.

c/ Support, guide and coordinate with representative missions in handling arising issues related to the conclusion and implementation of cooperation documents of the representative missions in the regions under their charge.

2. The Department of Organisation and Personnel and the Ministry Office shall integrate the results of implementation of cooperation documents (if any) to serve as a reference for the annual evaluation of cadres and civil servants and emulation and commendation activities of representative missions.

3. The Department of Foreign Policy shall coordinate in proposing the conclusion of cooperation documents of representative missions (if any); and coordinate in urging, monitoring and supporting the implementation of cooperation documents.

4. The Department of International Law and Treaties shall

a/ Give opinions on the compatibility of cooperation documents with relevant treaties to which the Socialist Republic of Vietnam is a contracting party; compliance with Vietnam’s law and adherence to the principles specified in Article 4 of this Circular when so requested.

b/ Provide guidance on the order, procedures, formats, and languages of cooperation documents when so requested; and provide report forms on the conclusion and implementation of cooperation documents.

c/ Archive copies of cooperation documents of representative missions in the database on international agreements.

d/ Summarise and report to the Minister before December 15 every year on the situation of conclusion and implementation of cooperation documents of representative missions based on the latter’s reports.

Article 12. Effect

1. This Circular take effects on July 1, 2026.

2. The heads of representative missions, heads of agencies and organisations under the Ministry of Foreign Affairs, and related agencies, organisations and individuals shall implement this Circular.

3. The Director of the Department of International Law and Treaties shall guide, inspect and urge the implementation of this Circular.

4. Any difficulties or obstacles arising during the implementation of this Circular should be reported by related agencies, organisations and individuals to the Ministry of Foreign Affairs (through the Department of International Law and Treaties) for timely guidance.

For the Minister of Foreign Affairs

Deputy Minister

LE ANH TUAN