b) Name of each contracting party;

c) Bases for conclusion;

d) Contents, methods for cooperation, information exchange mechanism, confidentiality, funding, responsibilities of contracting parties, settlement of disputes, amendments to, extension, invalidation, withdrawal from and suspension of implementation of the international agreement.

The international agreement shall include commitments of the contracting parties in accordance with relevant national and international laws and within functions, tasks and powers of the contracting parties; an agency/unit that has not concluded the international agreement shall not be legally bound by the international agreement; the international agreement does not give rise to, alter or terminate a right or obligation of the Socialist Republic of Vietnam and the foreign contracting party under international law;

d) Time of entry into force and the effective period;

e) Date of conclusion, place of conclusion, language of conclusion;

...

...

...

Article 6. Power to decide formulation and conclusion of international agreements

1. The Minister of National Defense has power to decide:

a) Formulation and proposal for conclusion of international agreements in the name of the State, the Government;

b) Formulation and conclusion of international agreements in the name of the Ministry of National Defense and agencies and units affiliated to the Ministry of National Defense.

2. Agencies and units affiliated to the Ministry of National Defense have power to decide formulation, conclusion and implementation of international agreements in the name agencies and units under their management.

3. Military Commands of provinces in border areas have power to decide formulation, conclusion and implementation of international agreements in the name of Military Commands of districts in border areas; provincial-level Border Guard Commands have power to decide formulation, conclusion and implementation of international agreements in the name of Border Guard Posts.

Article 7. Making proposals for formulation and amendments to plans to conclude international agreements

1. Agencies and units affiliated to the Ministry of National Defense shall make proposals for conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements in the name of the State, the Government, the National Defense and their agencies and units; and submit such proposals to the Department of Foreign Relations of the Ministry of National Defense before October 15 every year.

2. The Department of Foreign Relations of the Ministry of National Defense shall preside over and cooperate with relevant agencies and units in preparing annual and long-term plans regarding the demands for conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements in the People’s Army, and seeking opinions from the General Staff and the General Political Department; and submit a consolidated report thereon to the Ministry of National Defense for submission to the Ministry of Foreign Affairs according to regulations of the Law on International Agreements.

...

...

...

4. If there is any unexpected demand for conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements, agencies and units shall preside over and cooperate with the Department of Foreign Relations of the Ministry of National Defense in reporting to the Ministry of National Defense for addition to annual plans.

Article 8. Protection of state secrets

Formulation, negotiation, conclusion and implementation of international agreements in the people's army shall comply with regulations of the law on protection of state secrets.

Chapter II

FORMULATION AND PROPOSAL FOR CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF THE STATE, THE GOVERNMENT

Article 9. Procedures for formulation and proposal for conclusion of international agreements

Procedures for formulation and proposal for conclusion of an international agreement in the name of the State, the Government shall comply with regulations in Article 9 of the Law on International Agreements. To be specific:

1. Make a plan to formulate the international agreement;

2. Establish a drafting committee, an editing team;

...

...

...

4. Seek opinions from agencies and units affiliated to the Ministry of National Defense;

5. Seek opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities;

6. Inspect and assess a draft dossier on the international agreement;

7. Request a competent authority to decide negotiation and conclusion;

8. Negotiate and conclude the international agreement;

9. Report conclusion results and follow procedures after the conclusion.

Article 10. Making plan to formulate international agreement

1. An agency/unit affiliated to the Ministry of National Defense shall preside over and cooperate with relevant agencies and units in making a plan to formulate an international agreement and submitting such plan to the Ministry of National Defense for consideration and decision.

2. Basic contents of the plan include:

...

...

...

b) Contents and methods for formulation;

c) Time and place;

d) Responsibilities of the agency/unit;

dd) Funding.

Article 11. Establishing drafting committee/editing team

1. The Ministry of National Defense decides to establish a drafting committee.   The drafting committee includes:

a) Commander of the agency/unit that presides over drafting international agreement;

b) Commander of the Department of Foreign Relations and Director of the Legal Department under the Ministry of National Defense;

c) Commanders of relevant agencies and units affiliated to the Ministry of National Defense;

...

...

...

2. Responsibilities of the drafting committee

a) Issue regulations on operations conducted by the drafting committee and establish an editing team;

b) Organize formulation of a draft international agreement dossier and take responsibility for contents and progress in submission of the draft international agreement.  If the draft international agreement has been prepared by the foreign contracting party, the presiding agency/unit assigned to preside over drafting international agreement shall be responsible for advising and proposing establishment of a drafting committee and an editing team that formulate the international agreement and are responsible for making a plan for negotiation on the Vietnamese side;

b) Assess conformity of the draft international agreement with viewpoints and guidelines of the Communist Party, policies and laws of the State on national defense and foreign affairs and feasibility of the international agreement;

d) Organize research into relevant information and documents;

dd) Request the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and relevant ministries, central authorities, agencies, units, organizations and individuals;

e) Discuss basic issues and important contents of the draft international agreement; responses, explanations and corrections following opinions of the Ministry of Foreign Affairs and relevant ministries, central authorities, agencies, units, organizations and individuals;

g) Report and seek opinions from the Standing Commission of Central Communist Party or the Central Military Commission on important issues on guidelines and policies related to national defense and foreign affairs;

h) Prepare a dossier and report and send them to the Minister of National Defense for submission to the Prime Minister to issue a decision with regard to the international agreement in the name of the Government; send the dossier and report to the Government for submission to the President of Vietnam to issue a decision with regard to the international agreement in the name of the State;

...

...

...

Article 12. Formulating draft international agreement/draft proposal

1. An agency/unit presiding over drafting international agreement shall formulate contents of a draft international agreement, a draft proposal and relevant documents.

2. Contents of the draft international agreement shall comply with regulations in clause 3 Article 5 of this Circular.

3. Contents of the draft proposal include:

a) Necessity for formulation and conclusion of the international agreement;

b) Objectives of and viewpoints on direction of formulation of the draft international agreement;

c) Assessment of compliance with the principles specified in Article 4 of this Circular;

c) Assessment of impacts of the international agreement to be concluded on politics, economy, society, national defense and security and other impacts;

dd) Assessment of conformity in terms of contents of the international agreement with the international agreement concluded by the State, the Government of the same sector; compatibility between the international agreement and regulations of Vietnamese law;

...

...

...

g) Proposed signatory to the international agreement;

h) Main contents of the international agreement and methods for negotiation;

i) Issues subject to different opinions between the proposing agency and relevant agencies and organizations, between the Vietnamese contracting party and the foreign contracting party and recommendations for settlement of such issues.

Article 13. Seeking opinions from agencies and units affiliated to the Ministry of National Defense

1. The agency/unit presiding over drafting international agreement shall be responsible for seeking opinions from relevant agencies/units affiliated to the Ministry of National Defense about a dossier on formulation and proposal for conclusion of the international agreement.

2. The dossier on formulation and proposal for conclusion of the international agreement submitted to obtain opinions includes:

a) Official Dispatch submitted to obtain opinions;

b) Draft proposal;

c) Draft international agreement in Vietnamese and foreign language.  In case where the international agreement is only written in a foreign language, it shall be translated into Vietnamese and the Vietnamese translation shall be enclosed.

...

...

...

3. Surveyed agencies and units shall reply in writing within 7 days from the date of receipt of the complete dossier according to regulations in clause 2 of this Article.

Article 14. Seeking opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities;

The agency/unit presiding over drafting international agreement shall complete the dossier according to regulations in clause 2 Article 13 of this Circular and submit it to the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities; consolidate, receive and explain opinions of the Ministry of Foreign Affairs and relevant ministries and central authorities.

Article 15. Inspecting and assessing draft international agreement dossier

1. The inspecting agency is the Department of Foreign Relations and the assessing agency is the Legal Department under the Ministry of National Defense;

2. The agency/unit presiding over drafting international agreement shall submit a dossier on conclusion of the international agreement to the Department of Foreign Relations for inspection and the Legal Department for assessment before reporting to the Minister of National Defense to request the Prime Minister to consider deciding negotiation and conclusion of the international agreement in the name of the Government or reporting to the Government to request the President of Vietnam to consider deciding negotiation and conclusion of the international agreement in the name of the State.

3. A dossier submitted for inspection and assessment includes:

a) A written request for inspection and assessment;

b) Draft proposal;

...

...

...

d) Draft plan to implement the international agreement;

dd) Report on receipt and explanation about opinions of the Ministry of Foreign Affairs and relevant ministries, central authorities, agencies and units affiliated to the Ministry of National Defense;

e) Copy of document on opinions provided by relevant agencies and units affiliated to the Ministry of National Defense, the Ministry of Foreign Affairs and relevant ministries and central authorities;

g) Other relevant documents (if any).

4. Period of inspection and assessment

a) Within 07 days from the date of receipt of the complete dossier, the Department of Foreign Relations and the Legal Department of the Ministry of National Defense shall issue a document on inspection and assessment and submit such document to the agency/unit presiding over drafting international agreement;

b) If the documents included in the dossier according to Clause 3 of this Article are inadequate, the Department of Foreign Relations and the Legal Department of the Ministry of National Defense shall request the agency/unit to provide additional documents.  The period of inspection and assessment begins from the date of receipt of the complete dossier.

5. Contents to be inspected include:

a) Necessity for formulation and purposes for conclusion of the international agreement (assessment of the relation between Vietnam and the foreign contracting party);

...

...

...

c) Assessment of the conformity of the international agreement with the relevant international treaty to which the Socialist Republic of Vietnam is a signatory;

d) Assessment of capacity of the foreign signatory to the international agreement that has functions, tasks, powers and capacity in conformity with contents of the international agreement.

dd) Name, form, in the name of, signatory, language, entry into force and technique of the international agreement;

e) Consistency of the international agreement written in Vietnamese and that written in foreign language.

6. Contents to be assessed

a) Necessity for formulation and conclusion of the international agreement (political, legal and practical bases);

b) Conformity of the international agreement with the Constitution and the law and relevant treaties to which the Socialist Republic of Vietnam is a signatory; feasibility of the international agreement;

c) Ensuring that the international agreement is consistent with functions, tasks and powers of the signatory and does not give rise to, alter or terminate a right or obligation of the Socialist Republic of Vietnam under international law;

d) Making sure that the State, the National Assembly, the Government, and other agencies, units and organizations that have not concluded the international agreements shall not be responsible for implementation of the international agreement;

...

...

...

e) Other legal issues related to the international agreement.

7. If the international agreement contains important and complicated contents, the Legal Department of the Ministry of National Defense shall establish a Council in charge of provision of advice on assessment.  The Council is composed of members of relevant agencies and units.

Article 16. Requesting competent authority to decide negotiation and conclusion

1. The agency/unit presiding over drafting international agreement shall complete a dossier on international agreement and notify the Minister of National Defense that will request the Prime Minister to consider deciding guidelines and establishment of a Team negotiating the international agreement in the name of the Government; recommend the Government to request the President of Vietnam to decide guidelines and establishment of a Team negotiating the international agreement in the name of the State.

2. The dossier includes:

a) Proposal made by the Ministry of National Defense;

b) Draft proposal made by the Government and submitted to the President of Vietnam (regarding the international agreement in the name of the State);

c) Draft international agreement written in Vietnamese and a foreign language;

d) Draft decision on establishment of the Team negotiating the international agreement;

...

...

...

dd) Consolidated report on receipt and explanation about opinions of the Ministry of Foreign Affairs and relevant ministries and central authorities;

g) Plan for negotiation and other relevant documents (if any).

Article 17. Negotiating and concluding international agreement

After the Prime Minister and the President of Vietnam agree on contents of the draft international agreement and the negotiation plan, the Ministry of National Defense shall cooperate with the Ministry of Foreign Affairs in notifying the foreign contracting party and opening negotiation:

1. If the foreign contracting party reaches agreement on contents of the draft international agreement, the Ministry of National Defense shall cooperate with the Ministry of Foreign Affairs and relevant ministries and central authorities in notifying the competent authority to organize the conclusion of the international agreement.  

2. If the foreign contracting party does not reach agreement on contents but basic contents of the draft international agreement are not changed, the agency/unit presiding over drafting international agreement shall assist the Ministry of National Defense in presiding over and cooperating with relevant ministries and central authorities in correcting the draft international agreement and notifying the competent authority to organize the conclusion of the international agreement. 

3. If the foreign contracting party wishes to make significant changes to the contents of the draft international agreement, the agency/unit presiding over drafting international agreement shall assist the Ministry of National Defense in presiding over and cooperating with the Ministry of Foreign Affairs and relevant ministries and central authorities in advising, proposing and requesting the competent authority to consider deciding the next plan for negotiation.

4. The conclusion of international agreement shall comply with clause 4 Article 9, Article 10, Article 11 of the Law on International Agreements.

Article 18. Reporting conclusion results and following procedures after conclusion

...

...

...

1. The agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations and the Central Office of the Ministry of National Defense in drafting documents of the Ministry of National Defense that will submit such documents to the Minister of National Defense to report to the President of Vietnam or the Prime Minister on conclusion of the international agreement.

2. The Central Office of the Ministry of National Defense shall archive the original copy and send copies of the international agreement to the Ministry of Foreign Affairs, the Department of Foreign Relations, the Legal Department and relevant agencies and units.

Chapter III

 FORMULATION AND CONCLUSION OF INTERNATIONAL AGREEMENT IN THE NAME OF THE MINISTRY OF NATIONAL DEFENSE

Article 19. Procedures for formulation and conclusion of international agreement

Procedures for formulation and conclusion of an international agreement in the name of the Ministry of National Defense shall comply with regulations in Article 9 of this Circular.

Article 20. Making plan to formulate international agreement

1. An agency/unit affiliated to the Ministry of National Defense shall preside over and cooperate with relevant agencies and units in making a plan to formulate an international agreement and submitting this plan to the Ministry of National Defense for consideration and decision.

2. Basic contents of the plan to formulate the international agreement shall comply with regulations in clause 2 Article 10 of this Circular.

...

...

...

1. The Ministry of National Defense decides to establish a drafting committee.   Components of the drafting committee shall comply with regulations in point a, point b, point c clause 1 Article 11 of this Circular.

2. Responsibilities of the drafting committee shall comply with regulations in point a, point b, point c, point d clause 2 Article 11 of this Circular and the following regulations. To be specific: 

a) Discuss basic issues and important contents of the draft international agreement;

b) Seek opinions from agencies and units affiliated to the Ministry of National Defense about contents of the draft international agreement; receive opinions and correct the draft international agreement;

c) Request the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities about contents of the draft international agreement.    Study, receive and explain opinions of the Ministry of Foreign Affairs and relevant ministries and central authorities;

d) Prepare a dossier on international agreement and submit it to the Minister of National Defense for decision on negotiation and conclusion;

dd) Fully report to the Ministry of National Defense on progress in drafting the international agreement according to the plan.

Article 22. Formulating draft international agreement, draft proposal

1. The agency/unit presiding over drafting international agreement shall formulate a draft international agreement, a draft proposal and relevant documents.

...

...

...

3. Contents of the draft proposal shall comply with regulations in clause 3 Article 12 of this Circular.

Article 23. Seeking opinions from agencies and units affiliated to the Ministry of National Defense

1. The agency/unit presiding over drafting international agreement shall be responsible for seeking opinions from relevant agencies and units affiliated to the Ministry of National Defense on a dossier on formulation and proposal for conclusion of the international agreement.

2. The dossier submitted to obtain opinions shall comply with regulations in clause 2 Article 13 of this Circular.

3. Surveyed agencies and units shall reply in writing within 7 days from the date of receipt of the complete dossier according to regulations in clause 2 of this Article.

Article 24. Seeking opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities;

1. The agency/unit presiding over drafting international agreement shall complete the dossier according to clause 2 Article 13 of this Article, report it to the Ministry of National Defense, which will submit it to the Ministry of Foreign Affairs and relevant ministries and central authorities to seek their opinions.

2. The agency/unit presiding over drafting international agreement shall consolidate, receive and explain opinions of the Ministry of Foreign Affairs and relevant ministries and central authorities.  If the Ministry of Foreign Affairs and relevant ministries and central authorities disagree on conclusion of the international agreement, regulations in clause 4 Article 17 of the Law on International Agreements shall apply.

Article 25. Inspecting and assessing draft international agreement dossier

...

...

...

2. Dossier, period and contents to be inspected and assessed shall comply with regulations in clause 3, clause 4, clause 5, clause 6 Article 15 of this Circular.

3. If the international agreement contains important and complicated contents, the Legal Department of the Ministry of National Defense shall establish a Council in charge of provision of advice on assessment.  The Council is composed of members of relevant agencies and units.

Article 26. Deciding to negotiate international agreement

1. The agency/unit presiding over drafting international agreement shall receive and explain opinions about inspection of the Department of Foreign Relations and those on assessment of the Legal Department, complete and submit the dossier to the Minister of National Defense to consider deciding negotiation and establishment of a negotiation team.

2. The submitted dossier includes:

a) Proposal for conclusion of the international agreement;

b) Draft international agreement written in Vietnamese and foreign language;

c) Report on receipt and explanation about opinions of agencies and units affiliated to the Ministry of National Defense and relevant ministries and central authorities, opinions about inspection of the Department of Foreign Relations and those on assessment of the Legal Department;

d) Copies of document on opinions provided by agencies and units affiliated to the Ministry of National Defense, document on opinions provided by the Ministry of Foreign Affairs and relevant ministries and central authorities, document on inspection conducted by the Department of Foreign Relations and document on assessment made by the Legal Department;

...

...

...

e) Other relevant documents (if any).

Article 27. Negotiating international agreement

After the Minister of National Defense agrees on negotiation, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations in notifying the foreign contracting party and opening negotiation.  The negotiation team shall implement the negotiation plan approved by the Minister of National Defense.

1. If the foreign contracting party reaches agreement on contents of the draft international agreement, the negotiation team shall cooperate with the Department of Foreign Relations, the agency/unit presiding over drafting international agreement and relevant agencies and units in notifying the Ministry of National Defense to organize the conclusion of the international agreement. 

2. If the foreign contracting party does not reach agreement on contents but basic contents of the draft international agreement are not changed, the negotiation team shall cooperate with the Department of Foreign Relations, the agency/unit presiding over drafting international agreement and relevant agencies and units in correcting the draft international agreement and notifying the Ministry of National Defense to organize the conclusion of the international agreement. 

3. If the foreign contracting party wishes to make significant changes to the contents of the draft international agreement, the negotiation team shall cooperate with the Department of Foreign Relations, the agency/unit presiding over drafting international agreement and relevant agencies and units in advising and requesting the Ministry of National Defense to consider deciding the next plan for negotiation or terminating the negotiation.

Article 28. Concluding international agreement

1. The Minister of National Defense issues a decision and concludes or authorizes in writing the Deputy Minister of National Defense and the commander of agency/unit under the Ministry of National Defense to conclude the international agreement.

2. Before concluding the international agreement, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations of the Ministry of Defense and relevant agencies and units to review the international agreement and compare the international agreement written in Vietnamese with that written in a foreign language in order to ensure accurate contents and uniform structure.

...

...

...

Article 29. Reporting conclusion and sending copy of international agreement

Within 15 days from the date on which the international agreement is concluded:

1. The Department of Foreign Relations shall preside over and cooperate with the Central Office of the Ministry of National Defense in drafting documents of the Ministry of National Defense that will submit such documents to the Leader of the Ministry of National Defense to report to the Prime Minister on conclusion of the international agreement.

2. The Central Office of the Ministry of National Defense shall archive the original copy and send copies of the international agreement to the Ministry of Foreign Affairs, the agency/unit presiding over drafting international agreement, the Department of Foreign Relations, the Legal Department and relevant agencies and units affiliated to the Ministry of National Defense.

Chapter IV

FORMULATION AND CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF AGENCIES AND UNITS AFFILIATED TO THE MINISTRY OF NATIONAL DEFENSE

Article 30. Procedures for formulation and conclusion of international agreement

1. Make and approve a plan to formulate an international agreement.

2. Establish a drafting committee, an editing team (if necessary).

...

...

...

4. Seek opinions from relevant agencies and units.

5. Inspect and assess the international agreement.

6. Decide negotiation on the international agreement.

7. Negotiate the international agreement.

8. Conclude the international agreement.

9. Report conclusion results and follow procedures after the conclusion.

Article 31. Making and approving plan to draft international agreement

1.  An agency/unit affiliated to the Ministry of National Defense shall preside over making a plan to draft an international agreement and submitting such plan to the Ministry of National Defense for approval.

2. Basic contents of the plan to formulate international agreement shall comply with regulations in clause 2 Article 10 of this Circular.

...

...

...

1. The agency/unit affiliated to the Ministry of National Defense shall decide to establish a committee drafting the international agreement.   The drafting committee includes:

a) Commander of the agency/unit that presides over drafting international agreement;

b) Representative of the Department of Foreign Relations and representative of the Legal Department under the Ministry of National Defense (if necessary);

c) Commanders of relevant agencies and units affiliated to the Ministry of National Defense;

d) Commander (official) of the agency conducting legislation works and foreign affairs affiliated to the agency/unit presiding over drafting international agreement.

2. Responsibilities of the drafting committee:

a) Comply with regulations in clause 2 Article 21 of this Circular;

b) Fully report on progress in drafting the international agreement to the commander of agency/unit affiliated to the Ministry of National Defense according to regulations.

Article 33. Formulating draft international agreement/draft proposal 

...

...

...

2. Contents of the draft international agreement shall comply with regulations in clause 3 Article 5 of this Circular.

3. Contents of the draft proposal shall comply with regulations in clause 3 Article 12 of this Circular.

Article 34. Seeking opinions from relevant agencies and units

1. The agency/unit presiding over drafting international agreement shall be responsible for seeking opinions from relevant agencies/units affiliated to the Ministry of National Defense about a dossier on formulation and proposal for conclusion of the international agreement.  Depending on characteristics and contents of the draft international agreement, the agency/unit presiding over drafting international agreement shall request the Ministry of National Defense to seek opinions from the Ministry of Foreign Affairs and relevant ministries and central authorities.

2. The dossier submitted to obtain opinions shall comply with regulations in clause 2 Article 13 of this Circular.

3. Surveyed agencies and units shall reply in writing within 7 days from the date of receipt of the complete dossier.

Article 35. Inspecting and assessing draft international agreement dossier

1. The agency/unit presiding over drafting international agreement shall submit a dossier on conclusion of the international agreement to the Department of Foreign Relations for inspection and the Legal Department for assessment before sending it to the Leader of the Ministry of National Defense to consider deciding the negotiation.

2. Dossier, period and contents to be inspected and assessed shall comply with regulations in clause 3, clause 4, clause 5, clause 6 Article 15 of this Circular.

...

...

...

Article 36. Deciding negotiation on international agreement

1. The agency/unit presiding over drafting international agreement shall receive and explain inspection opinions of the Department of Foreign Relations and assessment opinions of the Legal Department, complete the dossier and submit it to the Ministry of National Defense to consider deciding the negotiation.

2. The dossier submitted includes:

a) Proposals made by agencies and units affiliated to the Ministry of National Defense;

b) Draft international agreement in Vietnamese and foreign language;

c) Report on receipt and explanation about opinions of agencies and units affiliated to the Ministry of National Defense and relevant ministries and central authorities, inspection opinions of the Department of Foreign Relations and assessment opinions of the Legal Department;

d) Copies of document on opinions provided by agencies and units affiliated to the Ministry of National Defense, document on opinions provided by relevant ministries and central authorities, document on inspection conducted by the Department of Foreign Relations and document on assessment made by the Legal Department;

dd) Draft plan to implement the international agreement;

e) Other relevant documents (if any)

...

...

...

After the Leader of the Ministry of National Defense gives permission for a negotiation, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations affiliated to the Ministry of National Defense in notifying the foreign contracting party and establishing a negotiation team in order to open the negotiation.

1. In case the foreign contracting party reaches agreement on contents of the draft international agreement, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations and relevant agencies and units in requesting the Ministry of National Defense to organize the conclusion of the international agreement.

2. In case the foreign contracting party does not reach agreement on contents but basic contents of the draft international agreement are not changed, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations and relevant agencies and units in correcting the draft international agreement and requesting the Ministry of National Defense to organize the conclusion of the international agreement.

3. In case the foreign contracting party wishes to make significant changes to the contents of the draft international agreement, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations and relevant agencies and units in advising and requesting the Ministry of National Defense to consider deciding the next plan for negotiation or terminating the negotiation.

Article 38. Concluding international agreement

1. After the Minister of National Defense gives a written approval for the conclusion of the international agreement, the head of the agency/unit affiliated to the Ministry of National Defense shall directly conclude or authorize in writing another agency/unit at departmental level and equivalent under its management to conclude the international agreement.

2. Before concluding the international agreement, the agency/unit presiding over drafting international agreement shall cooperate with the Department of Foreign Relations of the Ministry of Defense and relevant agencies and units to review the international agreement and compare the international agreement written in Vietnamese with that written in a foreign language in order to ensure accurate contents and uniform structure. 

3. The agency/unit presiding over drafting international agreement shall cooperate with relevant agencies and units in requesting the Head of agency/unit affiliated to the Ministry of National Defense to decide time, location, participants, and form of the conclusion of the international agreement.

Article 39. Reporting conclusion results and following procedures after conclusion

...

...

...

Chapter V

FORMULATION AND CONCLUSION OF INTERNATIONAL AGREEMENTS IN THE NAME OF AGENCIES AND UNITS UNDER MANAGEMENT OF AGENCIES AND UNITS AFFILIATED TO MINISTRY OF NATIONAL DEFENSE

Article 40. Procedures for formulating international agreement

1. Make and approve a plan to draft an international agreement.

2. Establish a drafting team (if necessary).

3. Formulate a draft international agreement, a draft proposal

4. Seek opinions from relevant agencies and units.

5. Inspect and assess a dossier on the draft international agreement.

6. Decide negotiation on international agreement.

...

...

...

8. Conclude international agreement.

9. Report conclusion results and follow procedures after the conclusion.

Article 41. Making and approving plan to draft international agreement.

1. An agency/unit assigned to preside over drafting international agreement shall make a plan to formulate an international agreement and send a report to the commander of agency/unit according to clause 2, clause 3 Article 6 of this Circular for consideration and decision.

2. Basic contents of the plan to formulate international agreement shall comply with regulations in clause 2 Article 10 of this Circular.

Article 42. Establishing drafting team (if necessary).

1. An agency/unit under management of the agency/unit affiliated to the Ministry of National Defense according to clause 2, clause 3 Article 6 of this Circular shall decide to establish a team drafting international agreement (a drafting team).  The drafting team includes:

a) Commander of the agency/unit that presides over drafting international agreement;

b) Representative of the agency (official) conducting foreign affairs and legislation works (if any);

...

...

...

d) Other members (if necessary);

2. Responsibilities of the drafting team

a) Organize formulation of a draft international agreement and take responsibility for progress and quality of the draft international agreement.  If the draft international agreement has been prepared by the foreign contracting party, the agency/unit assigned to preside over drafting international agreement shall be responsible for advising and proposing establishment of a drafting team (if necessary) and such drafting team shall make a plan for negotiation on the Vietnamese side and submit a report to the competent authority for consideration and decision;

b) Assess conformity of the draft international agreement with viewpoints and guidelines of the Communist Party, policies and laws of the State, and regulations issued by the National Defense; functions, tasks and powers of the agency/unit; and ensure feasibility of the international agreement;

c) Organize research into information and documents related to contents of the international agreement;

d) Discuss contents of the draft international agreement;

dd) Seek opinions from relevant agencies and units on contents of the draft international agreement; receive opinions and correct the draft international agreement; seek opinions from the agency (official) conducting legislation works and foreign affairs of the same level and the immediately superior level (if any);

e) Prepare a dossier on international agreement to submit it to the commander of agency/unit specified in clause 2, clause 3 Article 6 of this Circular for consideration and decision on negotiation and conclusion;

g) Fully comply with reporting regulations.

...

...

...

1. An agency/unit presiding over drafting international agreement shall preside over formulating contents of a draft international agreement, a draft proposal and relevant documents.

2. Contents of the draft international agreement shall comply with regulations in clause 3 Article 5 of this Circular.

3. Contents of the draft proposal shall comply with regulations in clause 3 Article 12 of this Circular.

Article 44. Seeking opinions from relevant agencies and units

1. The agency/unit presiding over drafting international agreement shall be responsible for seeking opinions from relevant agencies/units and the agency (official) conducting legislation works and foreign affairs about a dossier on formulation and proposal for conclusion of the international agreement.

2.  The dossier submitted to obtain opinions shall comply with regulations in clause 2 Article 13 of this Circular.

3. Surveyed agencies and units shall reply in writing within 7 days from the date of receipt of the complete dossier.

Article 45. Inspecting and assessing dossier on draft international agreement

1. The agency/unit presiding over drafting international agreement shall seek opinions about inspection and assessment from the agency (official) conducting legislation works and foreign affairs If the agency (official) conducting legislation works and foreign affairs is not available, the superior agency (official) conducting legislation works and foreign affairs shall be responsible for inspection and assessment.

...

...

...

a) Draft proposal;

b) Draft international agreement in Vietnamese and foreign language;

c) Draft plan to implement international agreement;

d) Report on explanation and receipt of opinions of relevant agencies and units;

dd) Copy of document on opinions provided by relevant agencies and units;

e) Other relevant documents (if any)

3. The period of inspection and assessment is 05 years from the date of receipt of the complete dossier.

4. Contents to be inspected and assessed shall comply with regulations in clause 5, clause 6 Article 15 of this Circular.

Article 46. Deciding negotiation on international agreement

...

...

...

2. The dossier submitted includes:

a) Proposal;

b) Draft international agreement;

c) Report on explanation and receipt of opinions of relevant agencies and units;

d) Copy of document on inspection and assessment;

dd) Copy of document on opinions provided by relevant agencies and units;

e) Draft plan to implement international agreement;

g) Other relevant documents (if any).

Article 47. Negotiating international agreement

...

...

...

1. In case the foreign contracting party agrees on contents of the draft international agreement, the agency or unit that is the signatory to the draft international agreement shall cooperate with the functional authority and relevant agencies and units in organizing the conclusion.

2. In case the foreign contracting party disagrees but basic contents of the draft international agreement are not changed, the agency or unit that is the signatory shall cooperate with the functional authority and relevant agencies and units in correcting the draft international agreement and organizing the conclusion.

3. In case the foreign contracting party wishes to make significant changes to the contents of the draft international agreement, the agency or unit that is the signatory shall cooperate with the functional authority and relevant agencies and units in advising, proposing and reporting the immediately superior agency/unit, which will request the agency/unit affiliated to the Ministry of National Defense to consider organizing a direct negotiation in order to complete the draft international agreement or terminate the negotiation.

Article 48. Concluding international agreement

After the commander of the agency/unit specified in clause 2, clause 3 Article 6 of this Circular issues a decision on conclusion of international agreement in the name of an agency/unit under its management, the commander of the agency/unit shall conclude or authorize his/her deputy in writing to conclude the international agreement and decide time, location, participants and form of the conclusion.

Article 49. Reporting conclusion and sending copy of international agreement

Within 10 days from the date on which the international agreement is concluded, the agency/unit concluding the international agreement shall be responsible for archiving the original copy of the international agreement according to regulations of the law on archives and sending a report and copies of the international agreement to the superior commander to make consolidation and report to the agency/unit affiliated to the Ministry of National Defense that will send such copies to Department of Foreign Relations, the Central Office, the Legal Department under the Ministry of National Defense and relevant agencies and units.

Chapter VI

ENTRY INTO FORCE, AMENDMENT, EXTENSION, INVALIDATION, WITHDRAWAL, SUSPENSION; SHORTENED PROCEDURES AND IMPLEMENTATION OF INTERNATIONAL AGREEMENT

...

...

...

1. An international agreement enters into force as specified in such international agreement.

2. If an international agreement does not regulate entry into force, such international agreement shall enter into force according to a written agreement between a Vietnamese contracting party and a foreign contracting party.

Article 51. Amendment and extension of international agreement

1. The agency/person having power to decide conclusion of an international agreement specified in Article 6 of this Circular has power to decide to amend and extend such international agreement.

2. Procedures for amending and extending the international agreement shall be the same as those for concluding the international agreement as regulated by this Circular.

Article 52. Invalidation, withdrawal from, suspension of implementation of international agreement

1. An international agreement may be invalidated, withdrawn or suspended under the regulations of such international agreement or under an agreement between a Vietnamese contracting party and a foreign contracting party.

2. The Vietnamese contracting party shall invalidate or withdraw from an international agreement if such international agreement is implemented against one of the principles specified in Article 4 of this Circular.

3. The agency/person having power to decide the conclusion of an international agreement according to regulations in Article 6 of this Circular has power to decide the termination, withdrawal and suspension of implementation of such international agreement.

...

...

...

Article 53. Shortened procedures

1. Shortened procedures for conclusion, amendment and extension of international agreements in the name of the State, the Government, the Ministry of National Defense and agencies and units affiliated to the Ministry of National Defense shall comply with regulations in Article 36, Article 38, Article 39, Article 40 and Article 41 of the Law on International Agreements.

2. Shortened procedures for conclusion, amendment and extension of international agreements in the name of agencies and units managed by agencies and units  affiliated to the Ministry of National Defense shall be decided by competent agencies specified in clause 2, clause 3 Article 6 of this Circular.

Article 54. Archiving international agreements

1. International agreements shall be archived according to the law on archives.

2. The Central Office of the Ministry of National Defense shall be responsible for archiving original copies of international agreements in the name of the State, the Government, and the Ministry of National Defense; sending copies of international agreements to the Ministry of Foreign Relations, the Office of the President of Vietnam, the Office of the Government and relevant agencies and units according to regulations.

3. Agencies and units shall be responsible for archiving the original copies of international agreements they concluded.

Article 55. Implementing international agreements

1. Within 15 days from the date on which an international agreement is concluded, an agency/unit presiding over formulation of the international agreement shall cooperate with relevant agencies and units in making a plan to implement the international agreement and submitting this plan to the commander of the immediately superior agency/unit for consideration and decision.

...

...

...

a) Roadmap for implementation of the international agreement;

b) Responsibilities delegated to agencies, units and individuals for implementation of the international agreement;

c) Recommendations on amendments, annulment or promulgation of legislative documents and other documents for implementation of the international agreement;

d) Dissemination of information about the international agreement;

dd) Measures for organization, management and finance and other necessary measures for implementation of the international agreement;

Article 56. Reviewing and systematizing international agreements

1. The Legal Department of the Ministry of National Defense shall preside over and cooperate with the Department of Foreign Relations of the Ministry of National Defense in organizing and carrying out the review and systematization of international agreements in the name of the State, the Government, and the Ministry of National Defense; if certain regulations therein are found to be unlawful, contradictory, expired or no longer appropriate for current economic-social developments, functional authorities shall be recommended to promptly terminate the implementation of, annul, amend or replace these international agreements, or promulgate new international agreements.

2. Agencies and units affiliated to the Ministry of National Defense and agencies and units managed by agencies and units affiliated to the Ministry of National Defense shall be responsible for reviewing and systematizing international agreements they concluded.  If the international agreement is found to be concluded against the law or ultra vires or against guidelines and viewpoints of the Communist Party, policies and laws of the State, to be contradictory or no longer appropriate for the practical situation, the competent authority that has decided to conclude the international agreement is recommended to decide the amendment, invalidation of the international agreement.

3. International agreements shall be periodically and regularly reviewed and systematized after there are grounds for review and systemized collections of expired and unexpired international agreements shall be promptly publicized.

...

...

...

Article 57. Database on international agreements

1. Database on international agreements in the People's Army means a collection of electronic international agreements managed by the Ministry of National Defense.

2. The database on international agreements in the People's Army shall be established and commonly used to promptly and accurately provide information, respond to requests made by leaders, and serve direction, management and implementation of the concluded international agreements.

3. Contents of an international agreement in the People’s Army shall be updated to the database. To be specific:

a) Title, contents of the international agreement, name of each contracting party, date of conclusion, date of entry into force, and validity status;

b) Relevant documents, including documents serving as legal grounds for conclusion and concluded documents for implementation (if any);

c) Process of change of the entry into force of the international agreement;

d) Other necessary information (if any).

4. International agreements with determined degrees of confidentiality must not be published on the database on international agreements.

...

...

...

Chapter VII

RESPONSIBILITIES OF AGENCIES AND UNITS FOR INTERNATIONAL AGREEMENT-RELATED WORKS

Article 58. State management of international agreement-related works in the People’s Army

The Ministry of National Defense performs state management of international agreement-related works in the People’s Army under its management. To be specific:

1. Promulgate legislative documents on international agreements.

2. Propose, formulate, inspect, assess, conclude, copy and send, implement, review, systematize, create a database on, amend, extend, invalidate, withdraw from or suspend the implementation of international agreements in accordance with regulations of law.

3. Disseminate information, educate and provide guidelines for enforcement of the law on international agreements;

4. Compile and archive international agreements.

5. Carry out inspection, give awards and handle violations against law on international agreements.

...

...

...

Article 59. Responsibilities of the Department of Foreign Relations under the Ministry of National Defense

The Department of Foreign Relations affiliated to Ministry of National Defense shall be responsible for advising and assisting the Minister of National Defense to implement international agreement-related works in the People’s Army. To be specific:

1. Advise and recommend the Ministry of National Defense to promulgate legislative documents on international agreements.

2. Prepare and submit annual, long-term and ad hoc plans for proposal, formulation, conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements to the Minister of National Defense; make and submit reports on conclusion and implementation of international agreements to Leaders of the Ministry of National Defense that will consider sending such reports to competent authorities according to regulations.

3. Give guidance on, monitor and inspect proposal, formulation, conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements.

4. Inspect draft international agreements according to regulations in this Circular.

5. Compile and archive international agreements.

6. Preside over and cooperate in exercising supervision, carrying out inspection, giving awards and handling violations against law on international agreements.

7. Resolve complaints and denunciations related to conclusion and implementation of international agreements.

...

...

...

9. Direct and instruct organizations and officials conducting foreign affairs of agencies and units to cooperate in advising and proposing their commanders to implement international agreement-related works.

10. Consolidate and send annual budget estimates made by agencies and units to the Ministry of National Defense (via Department of Finance) that will report on these annual budget estimates to the Minister of National Defense.

11. Make and send annual and ad hoc reports (as requested) on international agreement-related works implemented by the Ministry of National Defense to the Ministry of Foreign Affairs according to regulations in clause 2 Article 42 and clause 1 and clause 3 Article 46 of the Law on International Agreements.

13. Perform tasks in international agreement-related works which have been assigned in this Circular.

Article 60. Responsibilities of the Legal Department affiliated to the Ministry of National Defense

1. Preside over or cooperate in promulgating legislative documents on international agreements in the People’s Army.

2. Organize and conduct review and systemization of and establish a database on international agreements in the People’s Army.

3. Assess draft international agreements according to regulations in this Circular.

4. Organize dissemination of information and law on international agreements;

...

...

...

6. Cooperate in amendment, extension, invalidation, withdrawal from, and suspension of implementation of international agreements.

7. Cooperate with the Department of Foreign Relations under the Ministry of National Defense in giving guidance on, monitoring and inspecting proposal, formulation, conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements according to regulations of law. 

8. Cooperate in resolving complaints and denunciations related to conclusion and implementation of international agreements.

9. Direct and instruct organizations and officials conducting legislation works of agencies and units to cooperate in advising and proposing their commanders to implement international agreement-related works.

Article 61. Responsibilities of the Military Security Protection Department, the General Political Department

1. Within their functions and tasks, advise and assist the Ministry of National Defense to direct, provide guidelines for and inspect protection of security and state secrets during implementation of international agreement-related works in the People’s Army.

2. Ensure security and safety of formulation, conclusion and implementation of international agreements, promptly prevent and implement counter-espionage measures to protect rights and interests of the Vietnamese contracting party.

3. Direct and instruct security agencies to cooperate in protecting state secrets during implementation of international agreement-related works.

Article 62. Responsibilities of the Department of Finance under the Ministry of National Defense

...

...

...

Article 63. Responsibilities of the Central Office of the Ministry of National Defense

1. Inspect and assess dossiers, review and follow procedures, and report conclusion, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements in the name of the State, the Government, the Ministry of National Defense and agencies and units affiliated to the Ministry of National Defense to Leaders of the Ministry of National Defense for consideration and decision.

2. Cooperate with the Department of Foreign Relations under the Ministry of National Defense and relevant agencies and units in responding to requests made by Leaders of the Ministry of National Defense before, during and after conclusion of international agreements.

3. Create copies, send such copies of and archive international agreements in the name of the State, the Government, and the Ministry of National Defense according to regulations.

Article 64. Responsibilities of agencies and units affiliated to the Ministry of National Defense and agencies and units managed by agencies and units affiliated to the Ministry of National Defense

1. Agencies and units affiliated to the Ministry of National Defense, within their functions, tasks, powers and local areas and under their jurisdiction shall be responsible to the law and the Minister of National Defense for proposing and advising formulation, conclusion, implementation, review, systematization, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements in the name of the State, the Government, the Ministry of National Defense and their affiliated agencies and units;

2. Agencies and units managed by agencies and units affiliated to the Ministry of National Defense shall be responsible to the law and commanders of superior agencies and units for proposing and advising formulation, conclusion, implementation, amendments, extension, invalidation, withdrawal from, and suspension of implementation of international agreements in the name of agencies and units of the same level.

3. Make and send annual (before October 30) and ad hoc (as requested) reports on international agreement-related works implemented by themselves to the Ministry of National Defense (via the Department of Foreign Relations) and perform other tasks assigned by competent authorities.

Chapter VIII

...

...

...

Article 65. Entry into force

This Circular comes into force from September 19, 2021. Regulations on international agreements and international cooperation documents mentioned in the Circular No.  95/2015/TT-BQP dated August 25, 2015 of the Minister of National Defense on procedures for formulation, conclusion, accession and implementation of international treaties; formulation, conclusion and implementation of international agreements in the People's Army shall be annulled.

Article 66. Transitional provisions

1. During the implementation of this Circular, if documents referred to in this Circular are amended or replaced, the newer documents shall prevail./.