Decision No. 36/2018/QD-TTg dated August 24, 2018 of the Prime Minister on 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

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Decision No. 36/2018/QD-TTg dated August 24, 2018 of the Prime Minister on 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
Issuing body: Prime MinisterEffective date:
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Official number:36/2018/QD-TTgSigner:Nguyen Xuan Phuc
Type:DecisionExpiry date:
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Issuing date:24/08/2018Effect status:
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Fields:Foreign affairs

SUMMARY

Procedures for signing agreements in the name of the Government

On August 24, 2018, the Prime Minister issues the Decision No. 36/2018/QD-TTg on 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.

The procedure for signing international agreements in the name of the Government is prescribed as follow:

- The proposing authority shall send an enquiry about the signature, adoption, amendment, supplementation, suspension, termination or withdrawal from an agreement;

- The enquired authority shall give a written response within 07 working days from the receipt of the enquiry;

- After completing the enquiry, 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;

- 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.

Simplified procedures shall be applied in case of urgent matters need to be addressed upon political and foreign affair request; one party or multiple foreign parties does not require a power of attorney upon signature of the agreement…

This Decision takes effect on October 10, 2018.

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THE PRIME MINISTER

Decision No.  36/2018/QD-TTg dated August 24, 2018 of the Prime Minister on 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 of adjustment

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.
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