ORDINANCE

ON THE CONCLUSION AND IMPLEMENTATION OF INTER-NATIONAL AGREEMENTS

(No. 07/1998/PL-UBTVQH10 of August 20, 1998)

To enhance the friendship and cooperative relations between the Socialist Republic of Vietnam and other countries and nations in the world, contributing to peace and international cooperation and fulfilling the task of national construction and defense;
To ensure the strict implementation of international commitments and enhance the State management over the international agreements to which the Socialist Republic of Vietnam is a signatory;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, second session, on the 1998 legislative program;
This Ordinance provides for the conclusion and implementation of international agreements by the Socialist Republic of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

1. This Ordinance shall apply to the negotiation, signing, ratification, approval, accession to, promulgation, depositary, implementation, amendment, supplement, suspension and termination of international agreements to which the Socialist Republic of Vietnam is a signatory.

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a/ The State;

b/ The Government;

c/ The Supreme People's Court, the Supreme People's Procuracy;

d/ The ministries, ministerial-level agencies and agencies attached to the Government (hereafter collectively referred to as ministries and branches).

Article 2.- Interpretation of terms

In this Ordinance, the terms below shall be construed as follows:

1. "International agreements to which the Socialist Republic of Vietnam is a signatory", hereafter referred to as international agreements, are written arrangements concluded between the Socialist Republic of Vietnam and one or many nations, international organizations or other subjects of international law, irrespective of their names such as treaties, conventions, acts, agreements, protocols or diplomatic notes for exchange, and the signatories' names as stipulated in Clause 2, Article 1 of this Ordinance.

2. "Proxy" means a document issued by a competent State agency nominating a person to represent the Socialist Republic of Vietnam in undertaking one or a number of legal acts related to the conclusion of an international agreement.

3. "Conclusion" means that the competent State agency(ies) undertakes legal acts, including the negotiation, signing, ratification, approval or accession, till an international agreement takes effect.

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5. "Approval" means a legal act undertaken by the Government, acknowledging the effect of a concluded international agreement to the Socialist Republic of Vietnam.

6. "Accession" means a legal act undertaken by the National Assembly, the State President or the Government, acknowledging the effect of a multilateral international agreement to the Socialist Republic of Vietnam.

7. "Reservation" means a unilateral statement made by the Socialist Republic of Vietnam when signing, ratifying, approving or accessing to a multilateral international agreement, aimed at excluding or changing legal consequences of one or a number of provisions of such international agreement when it is applied to Vietnam.

8. "Suspension" means a statement of the Socialist Republic of Vietnam on the temporary suspension of the implementation of the whole or part of an international agreement it has concluded.

9. "Termination" means a statement of the Socialist Republic of Vietnam renouncing the effect of an international agreement it has concluded.

Article 3.- Principles for the conclusion of international agreements

1. International agreements shall be concluded on the basis of respect for each other's national independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equity and mutual benefits, in conformity with fundamental principles of international law and provisions of the Constitution of the Socialist Republic of Vietnam.

2. International agreements shall be concluded in the uniformity of the competent levels prescribed in Clauses 2, 3 and 4, Article 4 of this Ordinance. International agreements concluded at lower levels must not contravene international agreements concluded at higher levels.

Article 4.- Classification of international agreements

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2. International agreements concluded in the name of the State are those on:

a/ Peace, security, border, territory and national sovereignty;

b/ The basic rights and obligations of citizens, and juridical assistance;

c/ The universal international organizations and important regional organizations;

d/ Other contents to be agreed upon by the signatories.

3. International agreements concluded in the name of the Government are those on:

a/ The implementation of an international agreement which has been concluded in the name of the State;

b/ The fields which are not prescribed in Clause 2 of this Article;

c/ Other international and regional organizations;

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4. International agreements concluded by the Supreme People's Court and the Supreme People's Procuracy are those on the international cooperation that come under their respective jurisdiction.

5. International agreements concluded in the name of the ministries and/or branches are those on:

a/ The implementation of an international agreement which has been concluded in the name of the State or the Government;

b/ The fields that come under the State management competence of the ministries and/or branches, except for cases where such fields are stipulated in Clauses 2 and 3 of this Article.

Chapter II

CONCLUSION OF INTERNATIONAL AGREEMENTS

Article 5.- Proposing the negotiation and signing of international agreements

1. The negotiation and signing of an international agreement shall be prepared and submitted to the Government by the ministry and/or branch in charge of State management of the field concerned, after consulting and getting written opinions from the Ministry for Foreign Affairs and the relevant ministries and/or branches.

2. The negotiation and signing of international agreements on peace, security, border, national territory and other international agreements with important contents shall be prepared and submitted to the Government by the Ministry for Foreign Affairs or the ministries and/or branches in charge.

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4. A document proposing the negotiation and signing of an international agreement must include the following contents:

a/ The requirements and aims of the signing of the international agreement and the basic contents of such international agreement regarding Vietnam's rights and obligations;

b/ The evaluation of political, economic, social, financial and other impacts;

c/ The evaluation of the observance of the provisions in Article 3 of this Ordinance and other provisions of law;

d/ The opinions of the Ministry for Foreign Affairs and the relevant ministries and/or branches;

e/ The title of the international agreement and the name in which it is signed, the representative(s), language(s), effect, including temporary effect and effective time-limit of such international agreement;

f/ Issues which require comments.

The document proposing the negotiation and signing of an international agreement must be attached with the draft of such international agreement.

Article 6.- Competence to decide the negotiation and signing of international agreements

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2. The Government shall decide the negotiation and signing of international agreements in the name of the Government.

3. The National Assembly Standing Committee shall, after consulting the Government, decide the negotiation and signing of international agreements by the Supreme People's Court and the Supreme People's Procuracy.

4. The heads of the ministries and/or branches shall, after getting permission from the Prime Minister, decide the negotiation and signing of international agreements in the name of their respective ministries and/or branches.

5. Within 30 days after receiving proposals for the negotiation and signing of international agreements, the competent agencies defined in Clauses 1, 2, 3 and 4 of this Article shall decide whether to allow the negotiation and signing of such international agreements or not.

6. A decision on the negotiation and signing of an international agreement shall include the following contents:

a/ The title of the international agreement and the name in which it is signed;

b/ The representative(s) and his/her competence in the negotiation and signing;

c/ The language(s) and effect, including the temporary effect, of the international agreement;

d/ The opinions on the international agreement's contents and other necessary issues.

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1. The State President, the Prime Minister and the Minister for Foreign Affairs shall not need proxy for the negotiation and signing of international agreements.

2. The President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy and the heads of the ministries and branches shall not need proxy for the negotiation and signing of international agreements in the name of their respective ministries and/or branches.

3. The heads of the diplomatic missions or permanent representative missions of the Socialist Republic of Vietnam to international organizations shall not need proxy for negotiation with the concerned countries or international organizations on the contents of international agreements but must obtain a proxy when signing such international agreements as prescribed in Article 8 of this Ordinance.

Article 8.- Authorization for the negotiation and signing of international agreements

1. The heads of the delegations for negotiation and signing of international agreements in the name of the State must be authorized by the State President.

2. The heads of the delegations for negotiation and signing of international agreements in the name of the Government must be authorized by the Government.

3. The heads of the delegations for negotiation and signing of international agreements in the name of the Supreme People's Court or the Supreme People's Procuracy must be authorized by the President of the Supreme People's Court or the Chairman of the Supreme People's Procuracy.

4. The heads of the delegations for negotiation and signing of international agreements in the name of the ministries and/or branches must be authorized by the heads of the respective ministries and/or branches.

5. After obtaining the decision allowing the negotiation and signing of an international agreement and a written proposal from the agency which has proposed the conclusion of such international agreement, the Ministry for Foreign Affairs shall prepare a proxy of the State President or the Prime Minister; complete procedures to verify the Government's authorization; or guide the issue of a proxy by the President of the Supreme People's Court, the Chairman of the Supreme People's Procuracy as well as the heads of the ministries and/or branches.

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1. Within 15 days after an international agreement is signed, the agency that has proposed the conclusion of such international agreement shall have to report to the Government on the international agreement's contents and propose the ratification or approval thereof in accordance with the provisions of the international agreement and the laws of the Socialist Republic of Vietnam.

2. A document proposing the ratification or approval of an international agreement must include the following contents:

a/ The evaluation of the international agreement's multi-sided impacts on Vietnam;

b/ The necessary proposals on the ratification or approval;

c/ The opinions of the concerned ministries and/or branches in case of necessity;

d/ The contents of reservations (if any).

The document proposing the ratification or approval of an international agreement must be attached with the written text of the signed international agreement.

Article 10.- Ratification of international agreements

1. International agreements that require ratification are those which:

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b/ Contain provisions contrary to or not yet provided for in the legal documents of the National Assembly, the National Assembly Standing Committee and the State President;

c/ Are related to the State budget upon the Government's proposal for ratification;

d/ Contain provision(s) on ratification.

2. The State President shall decide the ratification of international agreements, except in cases where they need to be submitted to the National Assembly for decision.

3. The agency that has proposed the conclusion of an international agreement shall coordinate with the Ministry for Foreign Affairs in proposing the Government to submit such international agreement to the State President for ratification. Within 30 days after receiving a written proposal on the ratification of an international agreement, the State President shall give his/her written opinion thereon.

4. Within 15 days after a decision ratifying an international agreement is issued, the Ministry for Foreign Affairs shall proceed with diplomatic procedures for the ratification of the international agreement and notify the relevant agencies of the agreement's effect.

Article 11.- Approval of international agreements

1. International agreements which are signed in the name of the Government, the ministries and/or branches and require the approval are those which:

a/ Contain provisions on the approval;

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2. The approval of international agreements shall come under the competence of the Government.

3. The approval of an international agreement shall be proposed to the Government for decision jointly by the agency that has proposed the conclusion of such agreement and the Ministry for Foreign Affairs. Within 30 days after receiving the approval proposal, the Government shall give its written opinions on the approval of the international agreement.

4. Within 15 days after a decision approving an international agreement is issued, the Ministry for Foreign Affairs shall proceed with the diplomatic procedures for the approval of international agreements and notify the relevant agencies of the agreement's effect.

Article 12.- Accession to multilateral international agreements

1. The accession to a multilateral international agreement which is related to the field managed by a ministry or a branch shall be proposed by such ministry or branch according to the procedures prescribed in Article 5 of this Ordinance.

2. The State President shall decide the accession in the name of the State to multilateral international agreements, multilateral international agreements that contain provisions contrary to or not yet provided for in legal documents of the National Assembly or National Assembly Standing Committee and multilateral international agreements that contain provisions on the ratification obligation, except in cases where they need to be submitted to the National Assembly for decision.

The Government shall decide the accession to other multilateral international agreements.

3. Within 30 days after receiving a proposal on the accession to a multilateral international agreement, the State President or the Government shall give his/her or its written opinions thereon.

4. A written proposal on the accession to a multilateral international agreement must include contents defined in Clause 4, Article 5 of this Ordinance and be attached with the following documents:

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b/ Legal documents related to the international agreement, including: a list of the parties acceding to such international agreement; the written amendments or supplements to the international agreement (if any); the reservations and/or declarations; and necessary legal procedures.

5. Within 15 days after a decision on the accession to an international agreement is issued, the Ministry for Foreign Affairs shall proceed with the diplomatic procedures for the accession to international agreements and notify the relevant ministries and/or branches of the agreement's effect.

Article 13.- Languages of international agreements

1. Bilateral international agreements must be made in Vietnamese language, except for cases otherwise agreed upon by the signing parties. The Vietnamese version of an international agreement must be commented on by the Ministry for Foreign Affairs before it is submitted to the Government.

2. With regard to international agreements signed only in foreign languages, when proposing the signing thereof or accession thereto and before duplicating them, the agencies that have proposed the conclusion of such agreements shall have to translate them into Vietnamese and consult with the Ministry for Foreign Affairs for comparison with languages in which the international agreements have been signed.

Article 14.- Form of written texts of international agreements

The written texts of international agreements signed in the name of the State or the Government must be sealed up for affixing an embossed stamp of the Ministry for Foreign Affairs if they are signed in the country; or of Vietnamese diplomatic missions if they are signed overseas, except for cases otherwise agreed upon by the signing parties.

Article 15.- Reservation to international agreements

1. For a multilateral international agreement with provisions that should be reserved, when submitting it to the State agency competent to decide the signing, ratification, approval thereof or accession thereto, the agency that has proposed the conclusion of such international agreement shall have to clearly state the requirements and contents of the reservation.

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3. The reserved contents must be clearly stated in the instruments of accession or reaffirmed in the instruments of ratification or approval of the international agreement.

Article 16.- Withdrawal of reservations to international agreements

1. When proposing to withdraw reservations to an international agreement, the agency that has proposed the conclusion of such international agreement shall, after obtaining written opinions from the Ministry for Foreign Affairs, the Ministry of Justice and the concerned ministries and/or branches, have to study and propose the reservation withdrawal to the State agency that has decided the signing, ratification, approval of or accession to the international agreement.

2. A document proposing the reservation withdrawal must include the following contents:

a/ The contents of the reservation(s) proposed for withdrawal;

b/ The legal bases and requirements of the reservation withdrawal;

c/ The opinions of the Ministry for Foreign Affairs, the Ministry of Justice and the concerned ministries and/or branches.

The written text of the international agreement must be submitted together with the document proposing the reservation withdrawal.

3. The State agency that has decided the signing, ratification, approval of or accession to an international agreement shall have to consider and decide the reservation withdrawal within 30 days after receiving a proposal for the reservation withdrawal.

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Article 17.- Effect of international agreements

An international agreement shall take effect in the Socialist Republic of Vietnam according to its own provisions or under other arrangements between the signing parties, including the provisions on the temporary effect.

Chapter III

PROMULGATION AND DEPOSITARY OF INTERNATIONAL AGREEMENTS

Article 18.- Archive of international agreements

1. The Ministry for Foreign Affairs shall manage and archive the originals of bilateral international agreements or the official written texts of multilateral international agreements which the Socialist Republic of Vietnam has concluded as well as the instruments of ratification, approval and other related documents.

2. The agencies that have proposed the conclusion of international agreements shall have to forward to the Ministry for Foreign Affairs the originals of bilateral international agreements and official written texts of multilateral international agreements within 15 days after such agreements are signed or acceded to.

Article 19.- Duplication of international agreements

Right after an international agreement takes effect, the Ministry for Foreign Affairs shall have to duplicate it and send the copies thereof to the National Assembly's Office, the State President's Office, the Government's Office and the concerned ministries and/or branches.

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1. All international agreements shall be promulgated, except otherwise agreed upon by the signing parties or otherwise decided by the State President or the Government.

2. Within 15 days from the date it takes effect, an international agreement defined in Clause 1 of this Article shall be published in the Official Gazette of the Socialist Republic of Vietnam.

3. The directory of international agreements shall be compiled and distributed by the Ministry for Foreign Affairs.

Article 21.- Registration of international agreements

The Ministry for Foreign Affairs shall register at the United Nations' Secretariat or at other international organizations the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 22.- Depositary of international agreements

The Ministry for Foreign Affairs shall perform the function of depositary of multilateral international agreements in cases where the Socialist Republic of Vietnam is the depositary nation.

Chapter IV

IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

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The Socialist Republic of Vietnam shall strictly observe international agreements it has concluded and at the same time demand that other signing parties also strictly comply with international agreements they have concluded with the Socialist Republic of Vietnam.

Article 24.- Ensuring the implementation of international agreements

1. The agencies that have proposed the conclusion of international agreements shall have to submit to the Government plans on the implementation of the concluded international agreements, clearly stating the implementation schedule, organizational, managerial and financial measures and other suggestions to ensure the implementation of international agreements.

The Supreme People's Court and the Supreme People's Procuracy shall have to report to the National Assembly Standing Committee on the implementation of the concluded international agreements.

2. The concerned ministries and/or branches shall, within their functions, tasks and powers, have to implement the international agreements already concluded by the Socialist Republic of Vietnam.

3. In cases where an international agreement is breached, the agency that has proposed the conclusion of such agreement or the concerned State agency shall coordinate with the Ministry for Foreign Affairs in proposing to the Government necessary measures to protect the legitimate rights and interests of the Socialist Republic of Vietnam.

4. Annually and when requested, the agencies that have proposed the conclusion of international agreements and the relevant State agencies shall submit to the Government and the State President reports on the implementation of the concluded international agreements; such reports must also be submitted to the Ministry for Foreign Affairs for monitoring.

5. In cases where the implementation of an international agreement requires that legal document(s) of the Socialist Republic of Vietnam be amended, supplemented, annulled or replaced, the agency that has proposed the conclusion of such international agreement and the relevant State agencies shall by themselves have or propose the competent State agencies to promptly amend, supplement, annul or replace such legal documents in accordance with the Law on the Promulgation of Legal Documents.

Article 25.- Amendment, supplement or extension of international agreements

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The agencies that have ratified or approved international agreements shall have the competence to amend, supplement or extent the ratified or approved international agreements.

2. When the amendment, supplement or extension of an international agreement is required, the agency that has proposed the conclusion of such international agreement shall have to consult and obtain written comments from the Ministry for Foreign Affairs, the concerned ministries and/or branches and submit them to the competent State agencies stipulated in Clause 1 of this Article.

Within 30 days after receiving a proposal for the amendment, supplement or extension of an international agreement, the competent State agency shall have to issue a decision thereon.

3. A document proposing the amendment, supplement or extension of an international agreement shall have to include the following contents:

a/ The aims, requirements and efficiency of the amendment, supplement or extension of the international agreement;

b/ The legal bases of the amendment, supplement or extension of the international agreement;

c/ The written comments of the Ministry for Foreign Affairs, the concerned ministries and/or branches;

d/ The contents proposed for amendment and/or supplement.

The written text of the international agreement must be sent together with the document proposing the amendment, supplement or extension of such international agreement.

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Article 26.- Basis of the suspension and termination of international agreements

1. An international agreement may be suspended or terminated in one of the following cases:

a/ According to its own provisions;

b/ There's a violation of the conclusion principles prescribed in Article 3 of this Ordinance or the international agreement is seriously violated by the other signing party(ies).

2. The suspension and termination of international agreements must comply with the provisions of laws of the Socialist Republic of Vietnam as well as with international law and practices.

Article 27.- Competence to decide the suspension and termination of international agreements

1. The National Assembly shall decide the suspension of international agreements which have been ratified or the accession to which has been adopted by the National Assembly, and terminate international agreements upon the State President's proposal.

2. The State President shall decide the suspension of international agreements which have been concluded in the name of the State; international agreements which have been ratified or the accession to which has been decided by the State President; and international agreements which have been concluded by the Supreme People's Court and the Supreme People's Procuracy.

3. The Government shall decide the suspension of international agreements which have been concluded in the name of the Government, the ministries and/or branches.

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1. The agency that has proposed the conclusion of an international agreement shall, after consulting the Ministry for Foreign Affairs, the Ministry of Justice and the concerned ministries and/or branches, propose the Government to suspend or terminate such international agreement. After receiving the proposal, the competent State agency stipulated in Article 27 of this Ordinance shall have to give its written comments on the suspension or termination of such international agreement.

2. The document proposing the suspension or termination of an international agreement shall have to include the following contents:

a/ The reasons and legal bases for the suspension or termination of the international agreement;

b/ The written opinions of the Ministry for Foreign Affairs and the concerned agencies;

c/ The legal consequences and the proposals related to the suspension or termination of the international agreement.

The document proposing the suspension or termination of an international agreement must be attached with the written text of such international agreement.

3. Within 15 days after the National Assembly, the State President or the Government issues a decision on the suspension or termination of an international agreement, the Ministry for Foreign Affairs shall proceed with the diplomatic procedures for the suspension or termination the international agreement and notify the concerned agencies thereof.

Article 29.- Interpretation of contents of international agreements

1. The contents of international agreements shall be interpreted in accordance with international law on the interpretation of international agreements.

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3. Competence for the interpretation of international agreements:

a/ The National Assembly Standing Committee shall interpret the international agreements ratified by the National Assembly and international agreements that contain provisions contrary to or not yet provided for in legal documents promulgated by the National Assembly or the National Assembly Standing Committee;

b/ The Government shall interpret the international agreements concluded in the name of the State and the Government;

c/ The Supreme People's Court and the Supreme People's Procuracy shall interpret the international agreements they have concluded respectively;

d/ The ministries and branches shall interpret international agreements concluded in their respective names.

4. Within 15 days after the competent State agency defined in Clause 3 of this Article issues a decision on the interpretation of an international agreement, the Ministry for Foreign Affairs shall proceed with the diplomatic procedures for the interpretation of international agreements.

Chapter V

STATE MANAGEMENT OVER THE CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Article 30.- Contents of the State management over the conclusion and implementation of international agreements

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1. Promulgation of legal documents on the conclusion and implementation of international agreements;

2. Organizing and ensuring the implementation of international agreements;

3. Popularization, dissemination and guiding the implementation of the legislation on the conclusion and implementation of international agreements;

4. State statistics on international agreements;

5. Organization of the archive and depositary of international agreements;

6. Supervision, inspection, examination and handling of violations of the legislation on the conclusion and implementation of international agreements;

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

Article 31.- State agencies managing the conclusion and implementation of international agreements

1. The Government shall exercise unified State management over the conclusion and implementation of international agreements throughout the country.

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3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within their tasks and powers, coordinate with the Ministry for Foreign Affairs in exercising the State management over the conclusion and implementation of international agreements.

Article 32.- Supervision of the conclusion and implementation of international agreements

The National Assembly, the National Assembly Standing Committee, the Government, the Nationality Council and the National Assembly's Commissions shall, within their tasks and powers, supervise the conclusion and implementation of international agreements.

Article 33.- Handling of violations

Agencies, organizations or individuals that commit acts of violating the provisions of this Ordinance shall be handled in accordance with the provisions of law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34.- International compacts concluded by provinces and cities directly under the Central Government and by socio-political organizations, social organizations and socio-professional organizations

The Government shall issue separate regulations on the conclusion and implementation of international compacts concluded by provinces and cities directly under the Central Government and by socio-political organizations, social organizations and socio-professional organizations of the Socialist Republic of Vietnam.

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This Ordinance takes effect from the date of its promulgation and replaces October 17, 1989 Ordinance on the Conclusion and Implementation of International Agreements by the Socialist Republic of Vietnam.

The Government shall detail and guide the implementation of this Ordinance.

THE STANDING COMMITTEE OF NATIONAL ASSEMBLY




Nong Duc Manh