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On July 2016, the Law on Treaties comes into effect and 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.
To easy understand about this Law, Dragon Law Firm offer the interpretation of terms used for more reference.
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.
13. Full powers refers to a written confirmation whereby the person is designated by a competent authority to represent the Socialist Republic of Vietnam to perform one or a series of legal act(s) in relation to negotiation and signing of a treaty.
14. Credentials refers to a written confirmation issued by a competent authority whereby one or more persons is(are) designated to represent the Socialist Republic of Vietnam to international conferences to perform one or more legal act(s) in relation to the negotiation, adoption of the text of a treaty or the implementation of the provisions of a treaty.
15. Reservation refers to a statement made by the Socialist Republic of Vietnam or a foreign signatory when signing, ratifying, approving or acceding to a multilateral treaty, whereby it purports to preclude or modify the legal effect of one or certain provision(s) of the treaty.
16. Termination of a treaty refers to a legal act performed by the National Assembly, the State President or the Government to denounce the effect of a treaty to which the Socialist Republic of Vietnam is a party.
17. Suspension of the operation of a treaty refers to a legal act performed by the National Assembly, the State President or the Government to suspend the operation of the whole or part of a treaty to which the Socialist Republic of Vietnam is a party.
18. Denunciation of or withdrawal from a treaty refers to a legal act performed by the National Assembly, the State President or the Government to denounce the consent of the Socialist Republic of Vietnam to be bound by a treaty.
Having any inquiries about the international treaty in Vietnam, kindly contact to treaty legal advice services from famous law firm in Hanoi to be served.
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