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Reprinted from: 
Fundamental Laws and Regulations of Vietnam
The GIOI Publishers Hanoi 1993

ORDINANCE ON THE CONCLUSION AND IMPLEMENTATION OF
INTERNATIONAL TREATIES BY THE SOCIALIST REPUBLIC OF VIETNAM

CHAPTER I

GENERAL PROVISIONS

Article 1.

International Treaties to which the Socialist Republic of
Vietnam is a contracting Party.

1 International treaties coming into force in relation to
the Socialist Republic of Vietnam shall comprise treaties,
conventions, acts, agreements, protocols, arrangements,
exchanges of notes and other international legal documents
concluded between the Socialist Republic of Vietnam and the
other state or other states or international organisations
or other subjects under international law.

2. International treaties shall be entered into by the
Socialist Republic of Vietnam in the name of:

(a) The State of the Socialist Republic of Vietnam;

(b) The Government of the Socialist Republic of Vietnam;


(c) The Government's Ministries, State Committees, other
governmental departments the Supreme People's Court, the
Supreme People's Control Commission (hereinafter referred to
as Ministerial Authorities).

Article 2.

Guiding principals for the conclusion of treaties

The Socialist Republic of Vietnam shall conclude
international treaties with other state or international
organisations on the basis of mutual respect for
independence, sovereignty and territorial integrity,
non-interference in each other's internal affairs, equality
and mutual benefit, in accordance with international law and
practice.

CHAPTER II

CONCLUSION OF INTERNATIONAL TREATIES

Article 3.

Preparation for the conclusion of international treaties

Preparation for the conclusion of international treaties
shall be as follows:

1. International treaties covering questions of peace and
security, national sovereignty,  territorial borders,
jurisdiction and the rights and duties of citizens shall be
prepared and submitted to the Council of Ministers by the
Ministry for Foreign Affairs in consultation with the
Ministries or Ministerial Authorities concerned.

2. International treaties relating to economic, cultural,
scientific and technical co-operation shall be prepared and
submitted to the Council of Ministers by the Ministerial
Authorities concerned in consultation with the Ministry for
Foreign Affairs.

3. Draft treaties that contain provisions contradicting the
laws of the Socialist Republic of Vietnam are subject to
consultation with the Ministry or Justice before submission
to the Council of Ministers.

Article 4.

Jurisdiction with regard to the conclusion of international
treaties

1. Decisions on the conclusion of international treaties on
behalf of the State of the Socialist Republic of Vietnam and
treaties that contain provisions contradicting the existing
laws of the Socialist Republic of Vietnam shall come within
the jurisdiction of the Council of State.

2. Decisions on the conclusion of international treaties in
the name of the Government of the Socialist Republic of
Vietnam shall come within the competence of the Council of
Ministers.

Article 5.

Power to negotiate and sign international treaties

1. The power to negotiate and sign an international treaty
shall be accorded to the head of the delegation:

(a) By the Council of State where the treaty is concluded on
behalf of the State;

(b) By the Council of Ministers where the treaty is
concluded on behalf of the Government. Should the Prime
Minister himself fail to sign the powers, he shall authorise
the Minister for Foreign Affairs to certify it;

(c) By the head of a Ministerial Authority where the treaty
is concluded on the authority's own behalf.

2. The Ministry of Foreign Affairs shall prepare the powers
issued by the Council of State and Council of Ministers; and
shall assist other Ministerial Authorities in preparing the
powers of their respective authorities.

Article 6.

Authority to negotiate and sign international treaties
without powers

1. The President of the Council of State, the President of
the Council of Ministers and the Minister for Foreign
Affairs, in their respective capacities and authorities, may
negotiate and sign an international treaty without powers.

2. If a treaty is concluded on behalf of a Ministerial
Authority the head of such an authority may negotiate and
sign the treaty without powers.

3. The accredited head of a diplomatic mission of the
Socialist Republic of Vietnam to another country or
international organisation is vested with the power to
negotiate on the text of international treaties to be signed
with the host country or with the international organisation
concerned; however he may only sign the negotiated treaties
when entrusted with full powers as provided for in Article 5
of this ordinance.

Article 7.

Ratification of international treaties

1. International treaties subject to ratification are those
that fall within the provisions of paragraph 1, Article 4,
or those that contain clause setting out such requirement.

2. The Council of State may exercise its authority to ratify
international treaties, except where the Council deems it
appropriate to submit them to the National Assembly for
ratification.

3. Submission of an international treaty to the Council of
State for ratification shall be made in co-ordination with
the Ministry of Foreign Affairs and in the name of the
Council of Ministers by the Ministerial Authority that
proposed and prepared for the conclusion of the Treaty.

4. After obtaining a decision to ratify an international
treaty, the Ministry or Foreign Affairs shall take the
necessary steps to notify the other party to the treaty or
the depositary of the treaty about the ratification, and
shall inform the Ministerial Authority concerned of the date
of entry into force of the treaty with respect to the
Socialist Republic of Vietnam.

Article 8.

Approval of international treaties

1. International treaties subject to approval are those that
have been signed on behalf of the Government or those
concluded at ministerial level which contain an expressed
clause of such binding.

2. The Council of Ministers is vested with authority to
approve the international treaties referred to above.

3. A Ministerial Authority that proposed and prepared for
the conclusion of an international treaty is also
responsible for the submission of the treaty to the Council
of Ministers for approval.

4. Upon receiving a decision to approve an international
treaty, the Ministry of Foreign Affairs shall take the
necessary steps to notify the other party to the treaty or
the depositary of the treaty about the approval and shall
inform the Ministerial Authority concerned of the date the
treaty comes into force.

Article 9.

Accession to multilateral treaties

1. Accession to a multilateral treaty which requires an act
of ratification or which contains such provisions which are
in conflict with laws of the Socialist Republic of Vietnam
shall be decided by the Council of State. The Council of
Ministers shall decide on accession to other multilateral
treaties.

2. The proposal and preparations for accession to a
multilateral treaty shall be made in consultation with the
Ministry of Foreign Affairs and the Ministerial Authority to
which the treaty relates, and be submitted to the Council of
Ministers or Council of State as required.

3. Upon receiving the decision of the Council of Ministers
or Council of State to accede to a treaty, the Ministry of
Foreign Affairs shall proceed with the necessary steps to
notify the depositary of the treaty about the accession, and
shall inform the Ministerial Authority concerned of te date
the treaty comes into force with respect to the Socialist
Republic of Vietnam.

Article 10.

Reservations on multilateral treaties

Reservations with regard to a multilateral treaty's
provisions shall be submitted with clear content and
explanation by the Ministerial Authority concerned when
proposing the conclusion, ratification or approval of such
treaty.

CHAPTER III

TREATY IMPLEMENTATION

Article 11.

Observance of treaty obligations

1. The Socialist Republic of Vietnam faithfully observes the
international treaties it has concluded and expects the
other parties to do the came.

2. The Council of Ministers is in charge of overseeing and
regulating the implementation of treaties to which the
Socialist Republic of Vietnam becomes a party. The Ministry
of Foreign Affairs shall assist the Council of Ministers in
carrying out this task.

3. All respective Ministries and Ministerial Authorities
within their spheres of responsibility, shall fully abide by
the obligations contained in a treaty, and shall strictly
require the other contracting parties to concurrently
respect the rights and interests of the Socialist Republic
of Vietnam as envisaged in treaties which have been
concluded.

4. If it should happen that a treaty is seriously violated
by another contracting party or parties, the Ministerial
Authority that proposed the conclusion of the treaty is
under an obligation to co-operate with the Ministry of
Foreign Affairs in submitting the necessary recommendations
to the Council of Ministers for measures to be taken in
accordance with international law to ensure the rights and
interests of the Socialist Republic of Vietnam.

5. All respective Ministerial Authorities are required to
report, periodically or upon request to the Council of
Ministers, Council of State or National Assembly on the
implementation of the concluded treaties and to concurrently
notify the Ministry of Foreign Affairs of such reports.

6. Should the implementation of an international treaty
necessitate an amendment to, modification or promulgation of
a normative act of law of the Socialist Republic of Vietnam,
the Ministerial Authority concerned us under an obligation
to co-operate with the Ministry of Justice in submitting
recommendations to that effect.

Article 12.

Revision and renewal of international treaties

1. The Ministerial Authority that proposed and prepared for
the conclusion of an international treaty shall be
responsible also for submission of the proposed amendments
to or modifications as well as renewal of the treaty to the
Council of State or the Council of Ministers for
consideration, after consultations with the Ministry of
Foreign Affairs.

2. After obtaining the approval of the Council of State or
Council of Ministers with regard to the proposed amendments
to or modifications or renewal of an international treaty,
the Ministerial Authority concerned shall co-operate with
the Ministry of Foreign Affairs to proceed with necessary
steps to obtain the agreement of the other party or parties
to such an amendment, modification or treaty extension.

3. The Ministry of Foreign Affairs shall notify the
Ministerial Authority concerned of the coming into force of
the amendment, modification or extension of the
above-mentioned treaty.

Article 13.

Publication of international treaties

1. Decisions on the publication of treaties concluded on
behalf of the State of the Socialist Republic of Vietnam
shall be made by the Council of State. The Council of
Ministers shall decide on the publication of other treaties.

2. The Ministry of Foreign Affairs, on its own initiative or
in co-ordination with other Ministerial Authorities, shall
table proposals to the Council of State or Council of
Ministers regarding the publication of the treaties
concluded and shall take charge of such publication.

3. Concluded international treaties shall be published in
the official gazette and through other forms of
communication.

Article 14.

Suspension and termination of international treaties

1. The Council of State shall rule on the suspension or
termination of treaties concluded on its behalf or acceded
to in pursuance of its decision.

2. The Council of Ministers shall decide on the suspension
or termination of treaties concluded on behalf of the
Government or of a Ministerial Authority.

3. The Ministerial Authority that proposed the conclusion of
an international treaty shall also be responsible for the
submission of recommendations with regard to the suspension
or termination of the treaty concluded to the Council or
Ministers after consultations with the Ministry of Foreign
Affairs.

4. The Ministry of Foreign Affairs, on its own initiative or
in co-ordination with other Ministerial Authorities, shall
complete all internationally required procedures regarding
the suspension or termination of the concluded treaty, and
shall notify the Ministerial Authority concerned of the date
such a suspension or termination comes into force.

Article 15.

Responsibilities of the sub-Committees of the National
Assembly

In accordance with their functions and responsibilities, the
National Assembly's Legal and Foreign Relations Committees
shall inquire into and prepare reports on treaties being
submitted to the Council of State or to the National
Assembly for decisions regarding ratification, suspension or
termination.

Article 16.

Deposition of treaties and treaty documents

1. The originals of bilateral treaties and certified copies
of multilateral treaties to which the Socialist Republic of
Vietnam is a party, together with all treaty-related
documents, shall be kept by the Ministry of Foreign Affairs.

2. The Ministerial Authorities shall transfer to the
Ministry of Foreign Affairs the originals of treaties and
other treaty documents after their conclusion.

Article 17.

Provision of certified copies

The Ministry of Foreign Affairs shall provide the National
Assembly the Council of State, the office of the Council of
Ministers and other Ministerial Authorities with certified
copies of the treaties concluded.

Article 18.

Registration of treaties

The Ministry of Foreign Affairs performs all operations
regarding registration with the United Nations Secretariat
or with the respective bodies of other international
organisations of the international treaties concluded by the
Socialist Republic of Vietnam.

Article 19.

Depositary duties

Where the Socialist Republic of Vietnam is the depositary of
a multilateral international treaty, duties of depositary
shall be undertaken by the Ministry of Foreign Affairs.

CHAPTER IV

FINAL PROVISIONS

Article 20.

Prior provisions of law in conflict with this ordinance are
hereby declared null and void.

Article 21.

The Council or Ministers shall be responsible for issuing
directions on the implementation of this ordinance.

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