Nghị quyết 67/NQ-CP

RESOLUTION

ASSIGNING THE PRIME MINISTER TO PERFORM A NUMBER OF TREATY-RELATED DUTIES ON BEHALF OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Pursuant to the 2005 Law on the Conclusion, Accession to and Implementation of Treaties;

Pursuant to the National Assembly’s Resolution No. 64/2013/QH13 of November 28, 2013, on the implementation of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the National Assembly Standing Committee’s Resolution No. 719/2014/ UBTVQH13 of January 6,2014, guiding the implementation of Clause 2, Article 2 of Resolution No. 64/2013/QH13, on the implementation of the Constitution of the Socialist Republic of Vietnam;

At the proposal of the Minister of Justice,

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 report to the President before negotiating and signing treaties in the name of the State, which require approval;

3. To propose the President to decide on the approval, accession to or termination of effect of treaties in the name of the State;

4. To direct the negotiation and signing of and accession to treaties in the name of the State;

5. To decide on the signing of treaties in the name of the Government in case an urgent decision is required to meet external requirements;

6. To decide on the amendment, supplementation, extension and suspension of effect of treaties under the Government’s authority.

Article 2. Scope and conditions of assignment implementation

1. The assignment specified in Article 1 of this Resolution does not apply to treaties provided in Clause 14, Article 70 of the 2013 Constitution, treaties that contain contents contrary to legal documents of the Standing Committee of the National Assembly or contents not yet prescribed in legal documents of the National Assembly or the Standing Committee of the National Assembly, or the implementation of such treaties requires amendment, supplementation, promulgation or annulment of provisions of legal documents of the National Assembly or the Standing Committee of the National Assembly.

2. The assignment specified in Article 1 of this Resolution may be implemented only when submitted dossiers show consensus of appraisal opinions of the Ministry of Justice, verification opinions of the Ministry of Foreign Affairs, opinions of related ministries and ministerial-level agencies and opinions of agencies proposing negotiation and accession to such treaties.

3. The order and procedures for the signing of and accession to 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 report the implementation of the duties assigned in this Resolution to the latest government session.

Article 3. Responsibilities of agencies

1. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with related ministries and agencies in, studying and reviewing provisions of the 2013 Constitution, the 1969 Vienna Convention on the Law of Treaties, and actual practices to propose amendments and supplements to the 2005 Law on the Conclusion, Accession to and Implementation of Treaties.

2. Ministers, heads of ministerial-level agencies, and heads of government-attached agencies shall implement this Resolution.

Article 4. Effect

This Resolution takes effect on the date of its signing and replaces the Government’s Resolution No. 84/NQ-CP of December 12, 2012, assigning the Prime Minister to perform a number of treaty-related duties on behalf of the Government.-