Decree No. 20/2002/ND-CP dated February 20, 2002 of the Government on the conclusion and implementation of international agreements by the provinces and centrally-run cities, socio-political organizations, social organizations and socio-professional organizations of the Socialist Republic of Vietnam

DECREE

ON THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS BY THE PROVINCES AND CENTRALLY-RUN CI TIES, SOCIO-POLITICAL ORGANIZATIONS, SOCIAL ORGANIZATIONS AND SOCIO-PROFESSIONAL ORGANIZATIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the July 3, 1996 Ordinance on the specific tasks and powers of the People’s Councils and People’s Committees at each level;

In furtherance of Article 34 of the August 20, 1998 Ordinance on the Conclusion and Implementation of International Agreements;

At the proposal of the Minister for Foreign Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Subjects and scope of application

1. This Decree prescribes the competence, order and procedures for the conclusion and implementation of international agreements between the provinces and centrally-run cities (hereafter referred to as provinces and cities) and equivalent foreign administrative units or organizations or between socio-political organizations, social organizations or socio-professional organizations of Vietnam (hereafter referred to as organizations) and foreign organizations, in the name of such provinces, cities or organizations.

2. This Decree shall not apply to international agreements concluded by the provinces, cities or organizations under the Government’s authorization.

Article 2.-Interpretation of words and phrases

For the purpose of this Decree, the following words and phrases shall be construed as follows:

1. "International agreements" mean documents concluded between provinces or cities and equivalent foreign administrative units or organizations, between organizations and foreign organizations, under such titles as agreement, memorandum of understanding, minutes of exchange, cooperation plan or other titles. International agreements prescribed in this Decree are not international agreements of the Socialist Republic of Vietnam.

2. "Provinces, cities" are construed as the People’s Committees of Vietnam’s provinces or centrally-run cities.

3. "Organizations" are construed as the central bodies of Vietnam’s socio-political organizations, social organizations and socio-professional organizations.

4. "Conclusion" means the legal act taken by a province, city or organization, covering from the negotiation, signing or accession to an international agreement till the time such international agreement takes effect.

5. "Accession" means the legal act taken by a province, city or organization, accepting the effect of a multilateral international agreement over such province, city or organization.

6. "Effect suspension" means the temporary cessation by a province, city or organization of the implementation of the whole or part of an international agreement it has concluded.

7. "Cancellation" means a province, city or organization renounces the effect of an international agreement it has concluded.

Article 3.-Principles for the conclusion of international agreements

1. International agreements concluded under the provisions of this Decree must comply with the Constitution and legal documents issued by the National Assembly, the National Assembly Standing Committee, the Government, ministries or branches; accord with the fundamental principles of international law and international agreements already concluded in the same domain of cooperation by the Socialist Republic of Vietnam, the tasks and powers of the provinces and cities as well as the statutes and objectives of operation of organizations.

2. International agreements shall be concluded on the basis of voluntariness and equality between the signatories and according to the competence, order and procedures provided for in this Decree.

3. International agreements concluded in the name of provinces, cities or organizations shall be binding only to the provinces, cities or organizations that have concluded them.

Chapter II

COMPETENCE, ORDER AND PROCEDURES FOR THE CONCLUSION OF INTERNATIONAL AGREEMENTS

Article 4.-Competence to decide the conclusion of international agreements by provinces or cities

1. Provinces or cities shall decide on the conclusion of international agreements with equivalent foreign administrative units or foreign organizations that have friendly cooperative relationship with Vietnam on the matters related to the fields under their competence as provided for in the July 3, 1996 Ordinance on the specific tasks and powers of the People’s Councils and People’s Committees at each level, according to the order and procedures prescribed in Article 5 of this Decree.

2. Provinces or cities shall have to submit to the Prime Minister for decision the conclusion of international agreements not prescribed in Clause 1 of this Article, according to the order and procedures stipulated in Article 6 of this Decree.

Article 5.-Order and procedures for the conclusion of international agreements under the deciding competence of provinces or cities

1. Before concluding the international agreements stipulated in Clause 1, Article 4 of this Decree, the concerned provinces or cities shall have to consult with and get written opinions from the Ministry for Foreign Affairs as well as the ministries and/or branches managing the fields of cooperation.

2. A consulting document shall contain the following contents:

a/ The requirements and aims of the conclusion of the international agreements; the major contents of the international agreements; the drafts of such international agreements in Vietnamese language or foreign language(s) attached with the Vietnamese translation thereof;

b/ The assessment of political, economic, social, financial and other impacts of the to be-concluded international agreement.

3. Within 15 days after receiving the consultative document, the consulted ministries and/or branches shall have to give their written replies. In cases where they need more time to evaluate the foreign signatories, the ministries and/or branches must notify the concerned provinces or cities thereof in writing.

4. Provinces or cities shall proceed to conclude the international agreements after getting written opinions from the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation.

Article 6.-Order and procedures for the conclusion of international agreements which must be submitted to the Prime Minister for decision

1. Before submitting to the Prime Minister for decision the conclusion of international agreements as prescribed in Clause 2, Article 4 of this Decree, the provinces or cities shall have to consult and get written opinions from the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation according to the provisions of Clause 2, Article 5 of this Decree.

2. The documents submitted to the Prime Minister shall include the following contents:

a/ The requirements and aims of the conclusion of the international agreements; the major contents of the international agreements; the draft of such international agreements in Vietnamese language or foreign language(s) attached with the Vietnamese translation thereof;

b/ The assessment of political, economic, social, financial and other impacts of the to be-concluded international agreement.

c/ The written opinions of the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation.

3. Within 30 days after receiving the documents asking for permission, the Prime Minister shall give his written opinion, permitting or not permitting the conclusion of such international agreements.

4. The provinces or cities shall proceed to conclude the international agreements according to the provisions of Clause 2, Article 4 of this Decree only after obtaining the written consent from the Prime Minister.

Article 7.-Competence to decide the conclusion of international agreements by organizations

Based on their objectives, tasks and powers, organizations shall submit to the agencies managing their external activities for decision the conclusion of international agreements with foreign organizations which have friendly cooperative relationship with Vietnam, according to the order and procedures prescribed in Article 8 of this Decree.

Article 8.-Order and procedures for the conclusion of international agreements by organizations

1. Before submitting to the agencies managing their external activities for decision the conclusion of international agreements as prescribed in Article 7 of this Decree, organizations shall have to consult with and get written opinions from the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation.

2. The written consultation with the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation shall cover the following contents:

a/ The requirements and aims of the conclusion of the international agreements; the major contents of the international agreements; the drafts of such international agreements in Vietnamese language or foreign language(s) attached with the Vietnamese translation thereof;

b/ The assessment of political, economic, social, financial and other impacts of the to be-concluded international agreements.

3. Within 15 days after receiving the consulting documents, the consulted ministries and/or branches shall have to give their written replies. In cases where the consulted agencies need more time to evaluate the foreign parties, they must notify the organizations thereof in writing.

4. After obtaining written opinions from the ministries and/or branches mentioned at Clause 3 of this Article, the organizations shall submit to the agencies managing their external activities a document asking for their decision on the conclusion of the international agreements, which contains the following contents:

a/ The requirements and aims of the conclusion of the international agreements; the major contents of the international agreements; the draft of the international agreements in Vietnamese language or foreign language(s) attached with the Vietnamese translation thereof;

b/ The assessment of political, economic, social, financial and other impacts of the to be-concluded international agreements.

c/ The written opinions of the Ministry for Foreign Affairs and the ministries and/or branches managing the fields of cooperation.

5. Within 30 days after receiving the document asking for permission, the agencies managing the organizations external activities shall issue decisions permitting or not permitting the conclusion of the international agreements mentioned in Article 7 of this Decree.

6. The organizations can proceed to conclude the international agreements only after obtaining written consents from the agencies managing their external activities.

Chapter III

IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 9.-Effect of international agreements

1. International agreements shall take effect under the provisions stated therein.

2. In cases where an international agreement does not prescribe its effect, it shall become effective under conditions agreed upon among the signatories.

Article 10.-Management and archival of international agreements

Provinces, cities and organizations shall have to manage and archive the originals of international agreements.

Article 11.-Duplication of international agreements

1. Provinces and cities shall have to make the duplicates of international agreements they have concluded and send them to the Government for reporting and to the concerned ministries and branches for implementation coordination.

2. Organizations shall have to make the duplicates of international agreements they have concluded and send them to the agencies managing their external activities for reporting and to the concerned ministries and branches for implementation coordination.

3. For international agreements concluded only in foreign languages, the provinces, cities and organizations shall also have to send the Vietnamese translations thereof.

Article 12.-Amendment, supplementation or extension of international agreements

1. The competence, order and procedures for the amendment, supplementation or extension of international agreements shall comply with this Decree’s provisions on competence, order and procedures for the conclusion of international agreements.

2. The agencies which have decided on the conclusion of international agreements as mentioned in Articles 4 and 7 of this Decree shall be competent to decide on the amendment, supplementation or extension thereof.

3. The written consultation with the concerned ministries and/or branches for their opinions on the amendment, supplementation or extension of an international agreements shall cover the following contents:

a/ The requirements, aims and efficiency of the amendment, supplementation or extension of the international agreements; the contents of amendments, supplements or extension;

b/ The legal bases for the amendment, supplementation or extension of the international agreements.

The written proposal for the amendment, supplementation or extension of the international agreements must be sent together with the copies of such international agreements.

4. Within 15 days after receiving the consulting documents, the consulted ministries and/or branches shall have to give their written replies.

5. The documents submitted to the Prime Minister or external activity-managing agencies for decision the amendment, supplementation or extension of international agreements shall have the contents prescribed at Points a and b, Clause 3 of this Article, the opinions of the concerned ministries and/or branches mentioned in Clause 4 of this Article, and be attached with the copies of such international agreements.

6. Within 15 days after receiving the written consent from the Prime Minister or the external activity-managing agencies, the provinces, cities or organizations shall notify the foreign signatories of the amendment, supplementation or extension of the international agreements and proceed with the relevant necessary procedures.

Article 13.-Suspension or cancellation of international agreements

1. An international agreement may be suspended or cancelled in the following cases:

a/ According to its own provisions;

b/ The conclusion principles mentioned in Article 3 of this Decree are violated or the international agreement is seriously violated by the foreign signatory.

2. The competence, order and procedures for the suspension or cancellation of international agreements shall comply with this Decree’s provisions on competence, order and procedures for the conclusion of international agreements.

3. The agencies, which have decided on the conclusion of international agreements mentioned in Articles 4 and 7 of this Decree shall be competent to decide on the suspension or cancellation thereof.

4. The written consultation with the concerned ministries and/or branches for their opinions on the suspension or cancellation of international agreements shall cover the following contents:

a/ The reasons and legal bases for the suspension or cancellation of the international agreements;

b/ The legal consequence of the suspension or cancellation of the international agreements.

The written proposal for the suspension or cancellation of international agreements must be attached with the copies of such international agreements.

5. Within 15 days after receiving the consulting documents, the consulted ministries and/or branches shall have to give their written replies.

6. The documents submitted to the Prime Minister or the external activity- managing agencies for decision on the suspension or cancellation of international agreements shall have the contents prescribed at Points a and b, Clause 4 of this Article, the written opinions of the concerned ministries and/or branches mentioned in Clause 5 of this Article and be attached with the copies of such international agreements.

7. Within 15 days after receiving the written consent from the Prime Minister or the external activity-managing agencies, the provinces, cities or organizations shall notify the foreign signatories of the suspension or cancellation of such international agreements and proceed with the relevant necessary procedures.

Chapter IV

STATE MANAGEMENT OVER THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 14.-Contents of State management over the conclusion and implementation of international agreements

1. Promulgating legal documents on the conclusion and implementation of international agreements.

2. Organizing and ensuring the implementation of international agreements.

3. Propagating, disseminating and guiding the implementation of, the legislation on the conclusion and implementation of international agreements.

4. Conducting the statistical work on international agreements.

5. Organizing the archival and duplication of international agreements.

6. Supervising, inspecting, examining and handling violations of the legislation on the conclusion and implementation of international agreements.

7. Settling complaints and denunciations related to the conclusion and implementation of international agreements.

Article15.-Stateagencies managing the conclusion and implementation of international agreements

1. The Ministry for Foreign Affairs shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel in assisting the Government to perform the function of State management over the conclusion and implementation of international agreements by provinces, cities and organizations. It shall, annually, have to report to the Prime Minister on the situation of the conclusion and implementation of international agreements by provinces, cities and organizations.

2. Provinces and cities shall have to report to the Ministry for Foreign Affairs and the Government Commission for Organization and Personnel on the conclusion and implementation of international agreements in their names in September every year. The reports should clearly state difficulties and advantages and suggest specific measures to raise the efficiency of international cooperation and strictly implement the international agreements they have concluded.

3. Organizations shall have to report to the Ministry for Foreign Affairs, the Government Commission for Organization and Personnel and the agencies managing their external activities on the conclusion and implementation of international agreements in their names in September every year. The reports should clearly state difficulties and advantages and suggest specific measures to raise the efficiency of international cooperation and strictly implement the international agreements they have concluded.

Article 16.-Handling of violations

Agencies, organizations and individuals that commit acts of violating the provisions of this Decree shall be handled according to the provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 17.-Implementation effect

1. This Decree takes effect 15 days after its signing.

2. The Ministry for Foreign Affairs shall have to coordinate with the Government Commission for Organization and Personnel and the Party Central Committee’s External Relations Commission in guiding the implementation of this Decree.

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and cities and the heads of organizations shall have to implement this Decree.