Law on Treaties 2016

LAW

ON TREATIES

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly hereby passes the Law on Treaties.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for conclusion, reservation, amendment, supplementation, extension, termination, denunciation, withdrawal from, suspension of application, deposit, keeping custody, making of certified copies of, publication, registration and conduct of implementation of a treaty.

Article 2. Definition

For the purpose of this Law, the terms used herein shall be construed as follows:

1. Treaty refers to any written agreement concluded in the name of the State or Government of Socialist Republic of Vietnam with foreign signatories which creates, changes or terminates rights or obligations of the Socialist Republic of Vietnam governed by international laws, regardless of whatever its particular designations including, inter alia, treaty, convention, pact, covenant, protocol, understanding and exchange of notes.    

2. A treaty to which the Socialist Republic of Vietnam is a party refer to any international agreement that remains in force with the Socialist Republic of Vietnam.

3. Foreign signatory refers to any State, international organization or other entity is recognized as a subject of international law.  

4. International organization refers to an inter-governmental organization.

5. Conclusion refers to a legal act performed by a competent person or authority, including negotiation, signature, ratification, approval of and accession to a treaty, or exchange of instruments constituting a treaty.

6. Signature refers to a legal act performed by a competent person or duly authorized representative, including signature of a treaty without being subject to ratification or approval, and signature of a treaty subject to ratification or approval.

7. Initialling refers to a legal act performed by a competent person or duly authorized representative to confirm that the text of a treaty that the Socialist Republic of Vietnam intends to sign is the final one which has been agreed upon with foreign signatories.

8. Ratification refers to a legal act performed by the National Assembly or State President to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

9. Approval refers to a legal act performed by the Government to establish the consent of the Socialist Republic of Vietnam to be bound by the concluded treaty.

10. Accession refers to a legal act performed by the National Assembly, State President or Government to establish the consent of the Socialist Republic of Vietnam to a multilateral treaty in the event that it has not signed that treaty, regardless of whether it has entered into force.

11. Exchange of instruments constituting a treaty refers to the exchange of letters, notes or instruments named otherwise to constitute a bilateral treaty between the Socialist Republic of Vietnam and foreign signatories.   

12. Consent to be bound by a treaty refers to a legal act performed by a competent authority, person or duly authorized person to formally express the commitment of the Socialist Republic of Vietnam to a treaty, including signature of a treaty without being subject to ratification or approval, or signature of a treaty subject to ratification or approval, exchange of instruments constituting a treaty, concession a treaty or any other act as agreed upon with foreign signatories.    

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Article 84. Effect

1. This Law shall enter into force from July 1, 2016.

2. The Law on conclusion, accession to and implementation of treaties No. 41/2005/QH11 shall be abolished from the entry into force of this Law.

This Law was passed on April 9, 2016 by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 11^th session.