Decree 64/2021/ND-CP conclusion and implementation of international agreements

DECREE

On the conclusion and implementation of international agreements in the name of general departments or departments of ministries or ministerial-level agencies; specialized agencies of provincial-level People’s Committees; district-level People’s Committees; commune-level People’s Committees in border areas; or provincial-level agencies of organizations^[1]

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

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree on the conclusion and implementation of international agreements in the name of general departments or departments of ministries or ministerial-level agencies; specialized agencies of provincial-level People’s Committees; district-level People’s Committees; commune-level People’s Committees in border areas; or provincial-level agencies of organizations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of Clause 3, Article 20 and Clause 2, Article 23 of the Law on International Agreements regarding the conclusion and implementation of international agreements in the name of general departments or departments of ministries or ministerial-level agencies; specialized agencies of provincial-level People’s Committees; district-level People’s Committees; commune-level People’s Committees in border areas; or provincial-level agencies of organizations (below collectively referred to as attached units).

Article 2. Subjects of application

1. This Decree applies to the conclusion and implementation of international agreements in the name of the following agencies or organizations:

a/ General departments or departments of ministries or ministerial-level agencies (below referred to as departmental-level agencies);

b/ Specialized agencies of provincial-level People’s Committees (below referred to as provincial department-level agencies);

c/ People’s Committees of rural districts, urban districts, towns, provincial cities or municipal cities (below referred to as district-level People’s Committees);

d/ People’s Committees of communes, wards or townships in border areas as prescribed by the regulations on border areas (below referred to as commune-level People’s Committees in border areas);

dd/ Provincial-level agencies of socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations (below referred to as provincial-level agencies of organizations).

2. Related agencies, organizations and individuals.

3. The subjects specified at Point a, Clause 1 of this Article do not include agencies and units in the People’s Army and the People’s Public Security Forces.

Chapter II

CONTENTS OF, ORDER AND PROCEDURES FOR CONCLUSION OF, INTERNATIONAL AGREEMENTS IN THE NAME OF ATTACHED UNITS

Article 3. Contents of international agreements in the name of attached units

1. International agreements in the name of attached units shall be made in writing, stating the intention of cooperation through specific activities within the ambit of the functions, tasks and powers of such attached units. Such an international agreement must have the following principal contents:

a/ Name of the agreement;

b/ Names of the signatories to the agreement;

c/ Fields, contents and mode of cooperation;

d/ Effective date and validity period of the agreement;

dd/ Date and place of signing the agreement, language used in the agreement;

e/ Full name and title of the representative who signs the agreement.

2. An international agreement may have other contents such as mechanism on information exchange, confidentiality, expenses, dispute settlement, amendment, supplementation or extension of the agreement, and termination of effect of the agreement.

3. The contents of an international agreement must demonstrate that such agreement is not legally binding.

4. The contents of international agreements in the name of commune-level People’s Committees in border areas must comply with Clause 6, Article 3 of the Law on International Agreements.

5. The contents of international agreements in the name of provincial-level agencies of organizations must conform to the guiding principles, purposes, fields and scope of operation of such organizations.

Article 4. Order and procedures for conclusion of international agreements in the name of departmental-level agencies

1. Before concluding an international agreement, the concerned departmental-level agency shall solicit written opinions of the advisory body or unit in charge of external affairs or international cooperation (below referred to as the focal-point unit in charge of international cooperation) and organizations of ministries or ministerial-level agencies directly involved in such agreement.

2. The consulted agencies and units mentioned in Clause 1 of this Article shall give written replies within 7 working days after receiving a complete dossier for solicitation of opinions on the proposal for conclusion of the international agreement as specified in Article 11 of this Decree.

3. The concerned minister or head of ministerial-level agency shall decide in writing on conclusion of the international agreement within 5 working days after receiving a complete dossier specified in Article 12 of this Decree from the departmental-level agency.

4. The head of the concerned general department or department shall conclude or authorize in writing another person to sign the international agreement.

5. After concluding the international agreement, the departmental-level agency shall send a report thereon to the minister or head of ministerial-level agency and, within 15 days after the agreement is concluded, send a copy of the agreement for notification to the focal-point unit in charge of international cooperation under the ministry or ministerial-level agency.

Article 5. Order and procedures for conclusion of international agreements in the name of provincial department-level agencies

1. Before concluding an international agreement, the concerned provincial department-level agency shall solicit written opinions of the advisory body or unit in charge of external affairs of the provincial-level People’s Committee (below referred to as the provincial-level external affairs office), provincial department-level agencies directly involved in such international agreement, and other related agencies.

2. The consulted agencies mentioned in Clause 1 of this Article shall give written replies within 7 working days after receiving a complete dossier specified in Article 11 of this Decree.

3. The provincial department-level agency shall summarize, explain and accept opinions, and send a dossier of proposal for conclusion of the international agreement to the provincial-level external affairs office for the latter to submit it to the chairperson of the provincial-level People’s Committee for consideration and decision.

4. The chairperson of the provincial-level People’s Committee shall decide in writing on conclusion of the international agreement within 5 working days after receiving a complete dossier specified in Article 12 of this Decree.

5. The head of the provincial department-level agency shall conclude or authorize in writing another person to sign the international agreement.

6. After concluding the international agreement, the provincial department-level agency shall send a report thereon to the chairperson of the provincial-level People’s Committee and, within 15 days after the agreement is concluded, send a copy of the agreement for notification to the provincial-level external affairs office.

Article 6. Order and procedures for conclusion of international agreements in the name of district-level People’s Committees

1. Before concluding an international agreement, the concerned district-level People’s Committee shall solicit written opinions of the provincial-level external affairs office, provincial department-level agencies directly involved in such international agreement, and other related agencies.

2. The consulted agencies mentioned in Clause 1 of this Article shall give written replies within 7 working days after receiving a complete dossier specified in Article 11 of this Decree.

3. The district-level People’s Committee shall summarize, explain and accept opinions and send a dossier of proposal for conclusion of the international agreement to the provincial-level external affairs office for the latter to submit it to the chairperson of the provincial-level People’s Committee for consideration and decision.

4. The chairperson of the provincial-level People’s Committee shall decide in writing on conclusion of the international agreement within 5 working days after receiving a complete dossier specified in Article 12 of this Decree.

5. The chairperson of the district-level People’s Committee shall conclude or authorize in writing another person to sign the international agreement.

6. After concluding the international agreement, the district-level People’s Committee shall send a report thereon to the chairperson of the provincial-level People’s Committee and, within 15 days after the agreement is concluded, send a copy of the agreement for notification to the provincial-level external affairs office.

Article 7. Order and procedures for conclusion of international agreements in the name of commune-level People’s Committees in border areas

1. Before concluding an international agreement, the concerned commune-level People’s Committee in the border area shall solicit written opinions of the district-level People’s Committee.

2. Within 7 working days after receiving a complete dossier specified in Article 11 of this Decree, the district-level People’s Committee shall give written replies and send a dossier of proposal for signing of the international agreement to the provincial-level external affairs office.

3. The provincial-level external affairs office shall solicit written opinions of the provincial-level Department of Public Security, provincial-level Border Guard Command, provincial-level Military Command, provincial department-level agencies directly involved in the international agreement, and other related agencies within 3 working days after receiving a complete dossier specified in Clause 2 of this Article.

4. The consulted agencies mentioned in Clause 3 of this Article shall give written replies within 7 working days after receiving the provincial-level external affairs office’s request for solicitation of opinions on proposal for conclusion of the international agreement in the name of the commune-level People’s Committee in the border area.

5. The chairperson of the provincial-level People’s Committee shall decide in writing on conclusion of the international agreement in the name of the commune-level People’s Committee in the border area within 5 working days after receiving a complete dossier specified in Article 12 of this Decree from the provincial-level external affairs office.

6. The chairperson of the commune-level People’s Committee in the border area shall conclude or authorize in writing another person to sign the international agreement.

7. After concluding the international agreement, the commune-level People’s Committee in the border area shall send a report thereon to the chairperson of the district-level People’s Committee, and send a copy of the international agreement within 15 days after the agreement is concluded. The district-level People’s Committee shall send a copy of the international agreement to the provincial-level external affairs office within 7 working days after receiving the report of the commune-level People’s Committee in the border area.

Article 8. Order and procedures for conclusion of international agreements in the name of provincial-level agencies of organizations

1. Before concluding an international agreement, the provincial-level agency of the concerned organization shall solicit written opinions of the provincial-level external affairs office, provincial department-level agencies directly involved in such international agreement, and other related agencies.

2. In case the Charter of the organization provides the solicitation of opinions of the central agency of such organization, apart from soliciting written opinions of the agencies specified in Clause 1 of this Article, the provincial-level agency of the organization shall solicit written opinions of the central agency of the organization.

3. The consulted agencies mentioned in Clauses 1 and 2 of this Article shall give written replies within 7 working days after receiving a complete dossier specified in Article 11 of this Decree.

4. The provincial-level agency of the organization shall propose the agency managing external affairs of the provincial-level agency of such organization to give opinions on conclusion of the international agreement after receiving written replies of the agencies and organizations specified in Clauses 1 and 2 of this Article.

5. The agency managing external affairs of the provincial-level agency of the organization shall decide in writing on conclusion of the international agreement within 5 working days after receiving a complete dossier specified in Article 12 of this Decree.

6. The head of the provincial-level agency of the organization shall conclude or authorize in writing another person to sign the international agreement after receiving the written approval specified in Clause 5 of this Article.

7. After concluding the international agreement, the provincial-level agency of the organization shall send a report thereon to the agency managing external affairs of such organization and, within 15 days after the international agreement is concluded, send a copy of the international agreement for notification to the provincial-level external affairs office.

Article 9. Cases requiring solicitation of opinions of ministerial-level agencies

1. In case an international agreement in the name of an attached unit includes contents related to national defense or security falling within the Ministry of National Defense’s scope of state management, apart from complying with Clause 1 of Article 4, Clause 1 of Article 5, or Clause 1 of Article 6, of this Decree, the attached unit shall propose the concerned minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee to send a dossier for solicitation of written opinions of the Ministry of National Defense. The Ministry of National Defense shall reply in writing within 7 working days after receiving a complete dossier.

2. In case an international agreement in the name of an attached unit includes contents related to security falling within the Ministry of Public Security’s scope of state management, apart from complying with Clause 1 of Article 4, Clause 1 of Article 5, or Clause 1 of Article 6, of this Decree, the attached unit shall propose the concerned minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee to send a dossier for solicitation of written opinions of the Ministry of Public Security. The Ministry of Public Security shall reply in writing within 7 working days after receiving a complete dossier.

3. In case an international agreement in the name of an attached unit includes contents related to investment, apart from complying with Clause 1 of Article 4, Clause 1 of Article 5, or Clause 1 of Article 6, of this Decree, the attached unit shall propose the concerned minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee to send a dossier for solicitation of written opinions of the Ministry of Planning and Investment. The Ministry of Planning and Investment shall reply in writing within 7 working days after receiving a complete dossier.

4. The minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee may solicit opinions of the Ministry of Foreign Affairs if deeming that the international agreement in the name of the attached unit has contents that are complicated and sensitive to external affairs. The order and procedures for solicitation of opinions must comply with Clauses 1 and 2, Article 19 of the Law on International Agreements.

5. The minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee shall decide in writing on conclusion of the international agreement in the name of the attached unit after receiving the written approval of the ministerial-level agencies specified in Clauses 1, 2, 3 and 4 of this Article.

Article 10. Contents of decisions permitting the conclusion of international agreements in the name of attached units

1. The decision of the minister, head of ministerial-level agency or chairperson of provincial-level People’s Committee permitting the conclusion of an international agreement shall be expressed in writing with the following contents:

a/ Name of the agreement and names of the signatories to the agreement;

b/ Representatives signing the agreement;

c/ Requirement on posting of the agreement;

d/ Responsibilities of related agencies and organizations in the conclusion and implementation of the agreement;

dd/ Draft of the agreement.

2. The decision permitting the conclusion of an international agreement in the name of the provincial-level agency of an organization must have the contents specified at Points a, b, c and dd, Clause 1 of this Article.

Article 11. Dossiers for solicitation of opinions on proposals for conclusion of international agreements in the name of attached units

A dossier for solicitation of opinions specified in Clause 2 of Article 4, Clause 2 of Article 5, Clause 2 of Article 6, Clause 2 of Article 7, or Clause 3 of Article 8 must comprise:

1. A written proposal for conclusion of an international agreement, clearly stating the context and purpose of the conclusion of the agreement; principal contents of the agreement; assessment of the agreement’s conformity with relevant provisions of Vietnam’s law, and impacts of the to-be-concluded agreement; observance of Article 3 of the Law on International Agreements and Article 3 of this Decree; proposal on full name and position of the representative who will sign the agreement; and proposal on the posting and confidentiality of the agreement.

2. The drafts of the international agreement in Vietnamese and foreign language(s). In case the international agreement has only foreign-language version, its Vietnamese translation is required.

Article 12. Dossiers for conclusion of international agreements in the name of attached units

A dossier for conclusion of an international agreement specified in Clause 3 of Article 4, Clause 3 of Article 5, Clause 3 of Article 6, Clause 5 of Article 7, or Clause 5 of Article 8, of this Decree must comprise:

1. A written proposal for conclusion of the international agreement, covering the contents specified in Clause 1, Article 11 of this Decree and matters involving divergent opinions of related agencies and organizations (if any).

2. Written opinions of the agencies and organizations specified in Clause 2 of Article 4, Clause 2 of Article 5, Clause 2 of Article 6, Clause 4 of Article 7, or Clause 3 of Article 8, and Clause 1, 2, 3 or 4, Article 9 of this Decree.

3. A report on explanation and acceptance of opinions of related agencies and organizations.

4. The drafts of the international agreement in Vietnamese and foreign language(s). In case the international agreement has only foreign-language version, its Vietnamese translation is required.

Chapter III

AMENDMENT, SUPPLEMENTATION, EXTENSION OR INVALIDATION OF, WITHDRAWAL FROM, OR SUSPENSION OF IMPLEMENTATION OF, INTERNATIONAL AGREEMENTS

Article 13. Amendment, supplementation or extension of international agreements in the name of attached units

1. The competence to decide on, and the order and procedures for, amendment, supplementation or extension of international agreements are similar to those specified in Articles 4 thru 8 of this Decree.

2. Departmental-level agencies, provincial department-level agencies or district-level People’s Committees shall notify in writing the focal-point units in charge of international cooperation of ministries or provincial-level external affairs offices of the amendment, supplementation or extension of international agreements within 15 days after the amendment, supplementation or extension takes effect.

3. Commune-level People’s Committees in border areas shall notify in writing district-level People’s Committees of the amendment, supplementation or extension of international agreements within 15 days after the amendment, supplementation or extension takes effect. The district-level People’s Committees shall notify in writing thereof to provincial-level external affairs offices within 7 working days after receiving the notices of the commune-level People’s Committees in border areas.

4. Provincial-level agencies of organizations shall notify in writing the agencies managing external affairs of such organizations and provincial-level external affairs offices of the amendment, supplementation or extension of international agreements within 15 days after the amendment, supplementation or extension takes effect.

Article 14. Invalidation of, withdrawal from, or suspension of implementation of international agreements in the name of attached units

1. The responsibility for, and competence to decide on, and order and procedures for, invalidation of, withdrawal from, or suspension of implementation of international agreements are similar to those specified in Articles 4 thru 8 of this Decree.

2. Departmental-level agencies, provincial department-level agencies or district-level People’s Committees shall notify in writing the focal-point units in charge of international cooperation of ministries or provincial-level external affairs offices of the invalidation of, withdrawal from, or suspension of implementation of international agreements within 15 days after the invalidation, withdrawal or suspension takes effect.

3. Commune-level People’s Committees in border areas shall notify in writing district-level People’s Committees of the invalidation of, withdrawal from, or suspension of implementation of, international agreements within 15 days after the invalidation, withdrawal or suspension takes effect. The district-level People’s Committees shall notify in writing the provincial-level external affairs offices thereof within 7 working days after receiving the notices of the commune-level People’s Committees in border areas.

4. Provincial-level agencies of organizations shall notify in writing the agencies managing external affairs of such organizations and the provincial-level external affairs offices of the invalidation of, withdrawal from, or suspension of implementation of, international agreements within 15 days after the invalidation, withdrawal or suspension takes effect.

Chapter IV

MANAGEMENT OF THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE NAME OF ATTACHED UNITS

Article15. Responsibilities of agencies and organizations in management of the conclusion and implementation of international agreements in the name of attached units

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a/ Manage the conclusion and implementation of international agreements in the name of attached units according to Clauses 4, 5 and 6, Article 42 of the Law on International Agreements;

b/ Carry out law dissemination and education; supervise, examine, inspect, commend, handle violations, and settle complaints and denunciations related to the conclusion and implementation of international agreements in the name of attached units according to Clauses 4, 5 and 6, Article 46 of the Law on International Agreements;

c/ Report on the conclusion and implementation of international agreements in the name of attached units according to Clause 2, Article 16 of this Decree.

2. Agencies and organizations that conclude international agreements shall report on the international agreement-related work specified in Clause 1, Article 16 of this Decree.

3. The focal-point units in charge of international cooperation of ministries or provincial-level external affairs offices shall receive reports on the conclusion and implementation of international agreements in the name of attached units, synthesize them into the reports of ministries, ministerial-level agencies or provincial-level People’s Committees on the work of international agreements in the name of attached units specified in Article 16 of this Decree.

4. Agencies managing external affairs of provincial-level agencies of organizations shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, guiding the conclusion and implementation of international agreements in the name of provincial-level agencies of organizations.

Article 16. Reporting on the conclusion and implementation of international agreements in the name of attached units

1. Agencies and organizations that conclude international agreements shall report on the actual and expected conclusion and implementation of international agreements on an annual basis or upon request of competent agencies, specifically as follows:

a/ Departmental-level agencies shall send reports to the focal-point units in charge of international cooperation of ministries.

b/ Provincial department-level agencies shall send reports to provincial-level external affairs offices.

c/ After receiving the reports of commune-level People’s Committees in border areas, district-level People’s Committees shall sum up and send their own reports and reports of commune-level People’s Committees in border areas to provincial-level external affairs offices.

d/ Provincial-level agencies of organizations shall send reports to agencies managing external affairs of the provincial-level agencies of organizations and concurrently to provincial-level external affairs offices.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall make reports on the actual and expected conclusion and implementation of international agreements in the name of attached units and send them to the Ministry of Foreign Affairs.

Such reports shall be made according to the forms issued by the Ministry of Foreign Affairs.

Article 17. Posting of international agreements in the name of attached units

1. Ministries, ministerial-level agencies or provincial-level People’s Committees shall promptly post on their portals the full texts of international agreements in the name of departmental-level agencies, provincial department-level agencies, district-level People’s Committees, or commune-level People’s Committees in border areas, as well as information on the amendment, supplementation, extension, or invalidation of, withdrawal from, or suspension of implementation of, international agreements, except those not permitted for posting or publicization under the law on protection of state secrets or as agreed upon with the foreign signatories.

2. The focal-point units in charge of international cooperation of ministries or provincial-level external affairs offices shall assume the prime responsibility for, and coordinate with related agencies and organizations in, posting and publicizing international agreements specified in Clause 1 of this Article.

3. Provincial-level agencies of organizations shall publicize their international agreements by posting them on the portals or websites of such organizations, or publicizing them in the mass media or other appropriate forms, except those not permitted for posting or publicization according to law or as agreed upon with the foreign signatories.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Decree takes effect on July 1, 2021.

Article 19. Implementation responsibility

Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, chairpersons of district-level People’s Committees, chairpersons of commune-level People’s Committees in border areas, and heads of related agencies and organizations shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH