Resolution No. 101/NQ-CP dated November 29, 2016 of the Government on assigning the Prime Minister to perform a number of treaty-related duties on behalf of the Government

RESOLUTION

Assigning the Prime Minister to perform a number of treaty-related duties on behalf of the Government[1]

THE GOVERNMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Pursuant to the April 9, 2016 Law on Treaties;

In implementation of Clause 4, Article 3 of the Working Regulation of the Government promulgated together with the Government’s Decree No. 138/2016/ND-CP of October 1, 2016;

At the proposal of the Minister of Foreign Affairs,

RESOLVES:

Article 1.Contents of assignment

The Government assigns the Prime Minister to perform a number of treaty-related duties on behalf of the Government as follows:

1. To propose the President to decide on the negotiation and signing of treaties in the name of the State.

2. To propose the President to decide on the approval, accession to or amendment, supplementation, extension or termination of effect of treaties in the name of the State or the Government, which requires approval.

3. To organize the negotiation and signing of treaties in the name of the State under the President’s authorization.

4. To decide on the signing of treaties in the name of the Government in case urgent decision is required to meet foreign affairs requirements; or in case of signing of treaties on official development assistance (ODA) and preferential loans with foreign donors in the name of the Government.

5. To decide on the amendment, supplementation, extension and suspension of effect of treaties in the name of the Government.

Article 2.Scope and conditions of assignment

1. The assignment prescribed in Article 1 of this Resolution does not apply to treaties to which the National Assembly has the competence to approve or decide on their accession or termination of effect as prescribed in Clause 1, Article 29 of the Law on Treaties; or treaties subject to submission to the National Assembly Standing Committee for opinion before their signing or accession as prescribed in Clause 1, Article 14 and Clause 1, Article 42 of the 2016 Law on Treaties.

2. The assignment prescribed in Article 1 of this Resolution may be implemented when submitted dossiers show essential consensus in appraisal opinions of the Ministry of Justice, verification opinions of the Ministry of Foreign Affairs and opinions of related ministries and ministerial-level agencies, and opinions of proposing agencies.

3. The order and procedures for treaties other than those assigned under Article 1 of this Resolution must comply with current law.

4. The Government shall take responsibility for the duties assigned to the Prime Minister for implementation prescribed in this Resolution. The Prime Minister shall sign on behalf of the Government documents settling affairs assigned under this Resolution (excluding documents prescribed in Clause 3 of Article 1) and report their implementation to the latest government session.

Article 3.Implementation provisions

1. This Resolution takes effect on the date of its signing and replaces the Government’s Resolution No. 67/NQ-CP of September 8, 2014, assigning the Prime Minister to perform a number of treaty-related duties on behalf of the Government.

2. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Resolution.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC