What are regulations on language of international agreement in Vietnam?

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Question date: 06/12/2022

What are regulations on language of international agreement in Vietnam? Which entities shall have power to decide conclusion of an international agreement in the name of the State or the Government of Vietnam? What are procedures for concluding international agreements in the name of the State or the Government of Vietnam? Which entities shall grant of a power of attorney to sign an international agreement in the name of the State or the Government of Vietnam? What are procedures for review and comparison of international agreement documents in the name of the State or the Government of Vietnam before conclusion?

Thank you!

    • What are regulations on language of international agreement in Vietnam?

      Pursuant to Article 7 of the Law on International Agreements in 2020 stipulating language of international agreement in Vietnam as follows:

      An international agreement must be written in Vietnamese, unless otherwise agreed between the Vietnamese contracting party and the foreign contracting party. In cases where the international agreement only has a document in a foreign language, the Vietnamese contracting party shall translate the international agreement into Vietnamese.

      The document in Vietnamese must keep the content accurate and the form consistent with the document in foreign language ​​of the international agreement.

      Which entities shall have power to decide conclusion of an international agreement in the name of the State or the Government of Vietnam?

      Pursuant to Article 8 of the Law on International Agreements in 2020 stipulating power to decide conclusion of an international agreement in the name of the State or the Government of Vietnam as follows:

      1. The State President shall decide the conclusion of an international agreement in the name of the State.

      2. The Prime Minister shall decide the conclusion of an international agreement in the name of the Government.

      What are procedures for concluding international agreements in the name of the State or the Government of Vietnam?

      Pursuant to Article 9 of the Law on International Agreements in 2020 stipulating procedures for concluding international agreements in the name of the State or the Government of Vietnam as follows:

      1. Ministry, ministerial-level agency or Governmental agency shall send a proposal for conclusion of an international agreement in the name of the State or the Government to seek written consultation from the Ministry of Foreign Affairs and relevant agencies and organizations directly related to this international agreement.

      2. The agency or organization from whom the consultation is sought (hereinafter referred to as consulting entity) shall respond in writing within 7 working days after receiving a duly completed proposal specified in Article 27 of this Law.

      3. The Ministry, ministerial-level agency or Governmental agency shall examine the consultation, complete the proposal and seek approval from the Prime Minister for the international agreement in the name of the Government; or request the Government to seek approval from the State President for the international agreement in the name of the State.

      4. The State President or the Prime Minister shall decide and proceed to sign or authorize another person to sign the international agreement. On the basis of a written decision of the State President or the Prime Minister, the Ministry, ministerial-level agency or Governmental agency shall hold the conclusion of the international agreement.

      5. The Ministry, ministerial-level agency or Governmental agency shall report in writing to the State President or the Prime Minister and send copies of the international agreement to the Ministry of Foreign Affairs and relevant agencies and organizations in writing within 15 days from the date on which the international agreement is signed.

      Which entities shall grant of a power of attorney to sign an international agreement in the name of the State or the Government of Vietnam?

      Pursuant to Article 10 of the Law on International Agreements in 2020 stipulating grant of a power of attorney to sign an international agreement in the name of the State or the Government of Vietnam as follows:

      The Minister of Foreign Affairs shall grant a power of attorney to sign international agreements in the name of the State or the Government on the basis of written consent of the State President or the Prime Minister, except for international agreements to be signed by the State President, the Prime Minister or the Minister of Foreign Affairs.

      What are procedures for review and comparison of international agreement documents in the name of the State or the Government of Vietnam before conclusion?

      Pursuant to Article 11 of the Law on International Agreements in 2020 stipulating procedures for review and comparison of international agreement documents in the name of the State or the Government of Vietnam before conclusion as follows:

      Before concluding an international agreement in the name of the State, the Ministry, ministerial-level agency or Governmental agency shall take charge and cooperate with the Ministry of Foreign Affairs and relevant state agencies in reviewing and comparing the document in Vietnamese and the document in foreign language ​​to ensure the accuracy of content and consistency in form.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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