Circular 54/2021/TT-BCA regulating the work of international treaties and the work of international agreements in the People's Public Security issued by the Ministry of Public Security

CIRCULAR

PROVDING FOR TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK IN THE PEOPLE'S PUBLIC SECURITY FORCE

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the Law on International Agreements dated November 13, 2020;

Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 defining functions, tasks, entitlements and organizational structure of the Ministry of Public Security;

At the request of the Director General of the Department of Legal Affairs and Administrative and Judicial Reform;

The Minister of Public Security hereby promulgates a Circular providing for treaty-related work and international agreement-related work in the People's Public Security Force.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for principles, power and procedures for conclusion, reservation, amendment, extension, termination, denunciation, withdrawal from, suspension of the operation and organization of implementation of treaties; principles, power and procedures for conclusion, amendment, extension, termination, withdrawal from, suspension of the operation and organization of implementation of international agreements, and other activities related to treaty-related work and international agreement-related work in the People's Public Security Force.

Article 2. Regulated entities

This Circular applies to units affiliated to the Ministry of Public Security and Public Security Departments of provinces and central-affiliated cities (hereinafter referred to as “police authorities of units and administrative divisions”); officials and soldiers of the People's Public Security Force, and organizations and individuals related to treaty-related work and international agreement-related work.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “treaty-related work” in the People's Public Security Force refers to activities in relation to conclusion, reservation, amendment, extension, termination, denunciation, withdrawal from, suspension of the operation and organization of implementation of treaties under the state management of the Ministry of Public Security.

2. “international agreement-related work” in the People's Public Security Force refers to activities in relation to conclusion, amendment, extension, termination, withdrawal from, suspension of operation and organization of implementation of international agreements under the state management of the Ministry of Public Security.

Article 4. Principles of conclusion and implementation of treaties and international agreements in the People's Public Security Force

1. Vietnam’s Constitution and laws, treaties to which the Socialist Republic of Vietnam is a signatory, and foreign policies of the Communist Party and the State are conformed to.

2. The principles set out in Article 3 of the Law on Treaties 2016 and Article 3 of the Law on International Agreements 2020.

3. A legal basis is formed for international cooperation in protection of national security, maintenance of social order and safety and prevention and fight against crimes.

4. The procedures and power for proposing conclusion and implementation of treaties under regulations of the Law on Treaties 2016; proposing conclusion and implementation of international agreements under regulations of the Law on International Agreements 2020 and regulations of this Circular are complied with.

5. The conclusion and implementation of treaties and international agreements are based on the capacity and resources of the Ministry of Public Security and police authorities of units and administrative divisions in order to ensure feasibility and efficiency.

Article 5. Management of treaty-related work and international agreement-related work in the People's Public Security Force

1. The management of treaty-related work and international agreement-related work in the People's Public Security Force shall focus on:

a) Promulgating legislative documents on treaties and international agreements under the state management of the Ministry of Public Security;

b) Formulating long-term and annual plans for conclusion and implementation of treaties and international agreements of the Ministry of Public Security;

c) Reporting the conclusion and implementation of treaties and international agreements of the Ministry of Public Security;

d) Proposing, concluding, amending, denouncing, withdrawing from, reserving, suspending the operation and organizing implementation of treaties and international agreements under the state management of the Ministry of Public Security;

dd) Examining and appraising proposals for conclusion of treaties submitted by police authorities of units and administrative divisions; examining and appraising proposals for conclusion of international agreements submitted by police authorities of units and administrative divisions;

e) Commenting on drafts of treaties and international agreements, plans to organize implementation of treaties and international agreements proposed by ministries, agencies and organizations;

g) Assessing impacts on security and order during the conclusion and implementation of treaties and international agreements as prescribed;

h) Promulgating within power or requesting competent persons to promulgate plans to organize implementation of treaties and international agreements inthe People's Public Security Force;

i) Organizing production of statistics on, review, systematization, keeping custody, making of certified copies, translation, building of database system and publication of treaties and international agreements inthe People's Public Security Force on the web portal of the Ministry of Public Security;

k) Organizing communication and dissemination of and training in treaties, international agreements and laws on treaties and international agreements under the state management of the Ministry of Public Security;

l) Preliminary review and review of the conclusion and implementation of treaties and international agreements under the state management of the Ministry of Public Security;

m) Developing international cooperation in related work and international agreement-related work in the People's Public Security Force.

2. The Department of Legal Affairs and Administrative and Judicial Reform shall assist the Minister in unifying management of treaty-related work and international agreement-related work in the People's Public Security Force.

Chapter II

PROPOSING CONCLUSION OF TREATIES AND INTERNATIONAL AGREEMENTS

Section 1. PROPOSING CONCLUSION OF A TREATY

Article 6. Bases for proposing and formulating plan for conclusion of a treaty

1. Upon proposing the conclusion of a treaty to the Minister, a police authority of a unit or administrative division shall rely on the plan to propose conclusion of the treaty of the Ministry of Public Security; directions given by competent persons or competent authorities or requirements for international cooperation in security and order protection.

2. Every year and every five years, according to the requirements for international cooperation and regulations of law, the Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in formulating plans for conclusion of treaties of the Ministry of Public Security, and shall report them to the Minister for approval and promulgation.

Article 7. Studying the capacity to conclude the treaty

1. According to the regulations laid down in Clause 1 Article 6 hereof, before proposing the conclusion of the treaty to the Minister, the police authority of the unit or administrative division shall study:

a) Vietnam’s practical demand for international cooperation;

b) Regulations of Vietnamese laws and treaties in the same sector to which Vietnam is a signatory; regulations of national laws and relevant international law;

c) Draft treaty (if any) requested by the foreign side;

d) Forecasted impacts on politics, foreign affairs, national defense, security - order and economy - society and other impacts on Vietnam;

dd) Capacity and resources of Vietnam upon conclusion and implementation of the treaty.

2. In the case of signing a treaty that involves any complicated content regarding politics, foreign affairs, national defense, security - order or economy - society, the proposing unit shall report it to the Minister in order for the Minister to request a competent authority to formulate a scheme or report on study of capacity to conclude the treaty. According to the study result of the scheme or report, the proposing unit shall report it to the Minister in order for the Minister to request the competent authority to seek its directions for conclusion of the treaty before implementing the conclusion procedures under the Law on Treaties 2016.

Article 8. Procedures for proposing negotiation of the treaty

1. According to the study result specified in Clause 1 Article 7 hereof or approved by the competent authority as prescribed in Clause 2 Article 7 hereof, the proposing unit shall comply with the regulations set out in Articles 8 through 12 of the Law on Treaties 2016.

2. The proposing unit shall formulate a proposal for negotiation of the treaty and submit it to the Ministry of Foreign Affairs, Ministry of Justice, relevant ministries, agencies, organizations and police authorities of units and administrative divisions to seek their opinions.

The proposal includes:

- An enquiry;

- A draft document containing the contents specified in Point a Clause 1 Article 11 of the Law on Treaties 2016;

- A draft treaty of Vietnam (in Vietnamese language and foreign language);

- A draft treaty of the foreign side (Vietnamese translation accompanied by its original version in foreign language) and draft of the negotiation plan, if the treaty is concluded on the basis of the foreign side’s draft treaty;

- Other relevant documents.

3. Based on the opinions given by ministries, agencies, organizations and police authorities of units and administrative divisions, the proposing unit shall revise the proposal and seek directions from Deputy Ministers.

4. Based on the directions of the Deputy Ministers and opinions of ministries, agencies, organizations and police authorities of units and administrative divisions, the proposing unit shall complete the proposal and submit 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for examination purpose. The time limit for examination is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

The proposal includes:

- A written request for examination;

- The documents mentioned in Clause 2 of this Article;

- A consolidated table of responses to directions of the Deputy Ministers and opinions of ministries, agencies, organizations and police authorities of units and administrative divisions and copies of instructional documents and written opinions.

5. Within 05 (five) working days from the receipt of the examination opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal as prescribed in Article 11 of the Law on Treaties 2016, report it to the Minister in order for the Minister to submit it to the Government for consideration of the State President on the negotiation of the treaty in the name of the State and submit it to the Prime Minister for his consideration on the negotiation of the treaty in the name of the Government.

6. After the State President or the Prime Minister agrees to the proposal for negotiation and full powers for authorization, the proposing unit shall discuss with the foreign partner about the time and location of negotiation and negotiation method; follow procedures for granting full powers for negotiation of the treaty as prescribed in Article 22 of the Law on Treaties 2016. According to the full powers issued by the State President’s or Prime Minister, the proposing unit shall request the Minister to issue a decision to establish a negotiation delegation.

7. According to the negotiation delegation establishment decision and directions given the Minister, the proposing unit shall cooperate with the Department of Foreign Relations and police authorities of units and administrative divisions in conducting a negotiation of the draft treaty and report the contents and results of the negotiation to the Minister. Procedures for organizing overseas missions and welcoming of international guests; foreign protocol serving the negotiation shall comply with the Circular No. 76/2020/TT-BCA dated July 02, 2020 of the Minister of Public Security.

Article 9. Procedures for proposing conclusion of the treaty

1. After the negotiation is concluded and the parties agree upon all contents of the treaty, the proposing unit shall prepare a proposal for conclusion of the treaty and submit it to relevant agencies, organizations and police authorities of units and administrative divisions to seek their opinions.

The proposal includes:

- An enquiry;

- A draft document which is prepared as specified in Article 16 of the Law on Treaties 2016;

- A draft plan for implementation of the treaty;

- A draft report on assessment of impacts of the treaty on politics, national defense, security and economy - society, and other impacts;

- A draft report on assessment of compatibility of the treaty proposed for conclusion with the treaty made in the same sector to which the Socialist Republic of Vietnam is a signatory;

- A draft report on conformity of provisions of the treaty with those of Vietnamese laws;

- The text of the treaty (in Vietnamese language and foreign language; initialed by the chiefs of the negotiation delegations).

2. After responding to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the proposal as prescribed in Articles 19 and 21 of the Law on Treaties 2016, submit it to the Ministry of Foreign Affairs to seek its examination opinions and to the Ministry of Justice to seek its appraisal opinions.

3. Based on the examination opinions of the Ministry of Foreign Affairs and appraisal opinions of the Ministry of Justice, the proposing unit shall revise the proposal and submit 02 (two) sets of proposal as prescribed in Article 17 of the Law on Treaties 2016 to the Department of Legal Affairs and Administrative and Judicial Reform for examination purpose. The time limit for examination is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

4. Within 05 (five) working days from the receipt of the examination opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister in order for the Minister to submit it to the Government for the State President’s decision on the conclusion of the treaty in the name of the State or submit it to the Government for its decision on the conclusion of the treaty in the name of the Government.

5. After the State President or the Prime Minister decides on the conclusion and authorization for conclusion of the treaty, the proposing unit shall follow the procedures for applying for the full powers as prescribed in Article 63 of the Law on Treaties 2016. To prepare for conclusion of the treaty, the proposing shall cooperate with the Department of Foreign Relations, units of the Ministry of Foreign Affairs and relevant agencies in performing the tasks specified in Section 4 Chapter II of the Law on Treaties 2016.

Article 10. Procedures for proposing ratification and approval of the treaty

1. According to the regulations laid down in Article 28 or Article 37 of the Law on Treaties 2016, the proposing unit shall prepare a proposal for ratification or approval of the treaty and submit it to the Ministry of Foreign Affairs, Ministry of Justice, agencies, organizations and police authorities of units and administrative divisions to seek their opinions.

The proposal includes:

- An enquiry;

- A draft document which is prepared as specified in Clause 1 Article 31 of the Law on Treaties 2016;

- An expected plan for implementation of the treaty;

- The text of the treaty of Vietnam (in Vietnamese language and foreign language).

2. After responding to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the proposal as prescribed in Article 31 of the Law on Treaties 2016 and submit 02 (two) sets of proposals to the Department of Legal Affairs and Administrative and Judicial Reform for examination purpose. The time limit for examination is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

3. Within 05 (five) working days from the receipt of the examination opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister in order for the Minister to submit it to the Government for the State President’s decision on the ratification of the treaty or submit it to the State President for the National Assembly’s ratification of the treaty subject to ratification; or report it to the Minister in order for the Minister to submit it to the Government for its approval of the treaty subject to approval.

Article 11. Procedures for proposing accession to the treaty

1. According to the regulations laid down in Article 7 hereof, the proposing unit shall prepare a proposal for accession to the multilateral treaty and submit it to relevant agencies, organizations and police authorities of units and administrative divisions to seek their opinions.

The proposal includes:

- An enquiry;

- A draft document which specifies the contents specified in Article 16 of the Law on Treaties 2016 and contents of assessment of impacts of the treaty politics, foreign affairs, national defense, security - order and economy - society, and other impacts; compatibility of the treaty proposed for accession with the treaty made in the same sector to which the Socialist Republic of Vietnam is a signatory; conformity of provisions of the treaty with those of Vietnamese laws;

- An expected plan for implementation of the treaty;

- The text of the treaty (in Vietnamese language and foreign language);

- A list of signatories to the treaty, instruments on amendments to the treaty, reservations, acceptance of or objection to reservations and declarations made by the foreign signatories with respect to the treaty, legal procedures required for, and other necessary information relating to, the accession to the treaty.

2. After responding to the opinions specified in Clause 1 of this Article, the proposing unit shall revise the proposal and submit it to the Ministry of Foreign Affairs to seek its examination opinions and to the Ministry of Justice to seek its appraisal opinions.

3. Based on the examination opinions of the Ministry of Foreign Affairs and appraisal opinions of the Ministry of Justice, the proposing unit shall revise the proposal as prescribed in the Law on Treaties 2016 and seek directions from the Deputy Ministers.

4. After receiving the directions from the Deputy Ministers, the proposing unit shall revise the proposal and submit 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for examination purpose. The time limit for examination is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

5. Within 05 (five) working days from the receipt of the examination opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister in order for the Minister to submit it to the Government for the State President’s decision on the accession or to the National Assembly for its decision on the accession to the treaty in the name of the State; or submit it to the Government for its decision on the conclusion of the treaty in the name of the Government.

Article 12. Contents of examination of the proposal for negotiation, conclusion, ratification and approval of and accession to the treaty

An examination of the proposal for negotiation, conclusion, ratification or approval of or accession to the treaty shall focus on:

1. Compliance with the principles and procedures prescribed by the Law on Treaties 2016 and this Circular.

2. Examination and comparison of the proposal with the requirements for international cooperation in security and order protection within the functions and tasks of the Ministry of Public Security as prescribed by law.

3. The documents required in the proposal.

4. Contents and forms of the documents in the proposal.

Section 2. PROPOSING CONCLUSION OF INTERNATIONAL AGREEMENTS

Article 13. Bases for proposing and formulating plan for conclusion of an international agreement

1. Upon proposing the conclusion of an international agreement to the Minister, a police authority of a unit or administrative division shall rely on the plan to propose conclusion of the international agreement of the Ministry of Public Security; directions given by competent persons or competent authorities or requirements for international cooperation in security and order protection.

2. Every year and every five years, according to the requirements for international cooperation and regulations of law, the Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in formulating plans for conclusion of international agreements of the Ministry of Public Security, and shall report them to the Minister for approval and promulgation.

Article 14. Procedures for proposing conclusion of an international agreement in the name of the State or the Government

1. Pursuant to Clause 1 Article 13 of this Circular, the proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, police authorities of units and administrative divisions and agencies and organizations directly related to the international agreement in discussing with the foreign contracting party about the draft of the international agreement in the name of the State or the Government.

2. After the parties agree upon contents of the draft of the international agreement, the proposing unit shall prepare a dossier requesting opinions on the proposal for conclusion of the international agreement in the name of the State or the Government as prescribed in Article 27 of the Law on International Agreements 2020; and submit it to the Ministry of Foreign Affairs, agencies, organizations and police authorities of units and administrative divisions directly related to the international agreement to seek their opinions. Based on the opinions, the proposing unit shall revise the proposal as prescribed in Article 28 of Law on International Agreements 2020 and submit it to the Deputy Ministers to seek their directions.

3. After receiving the directions from the Deputy Ministers, the proposing unit shall keep revising the proposal and submit 02 (two) sets of dossier to the Department of Foreign Relations for examination purpose and 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for appraisal purpose. The time limit for examination/appraisal is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

The proposal includes:

- A written request for examination/appraisal;

- The document specified in Article 28 of the Law on International Agreements 2020;

- Directions of the Deputy Ministers;

- Other documents (if any).

4. Within 05 (five) working days from the receipt of the examination opinions of the Department of Foreign Relations and appraisal opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister in order for the Minister to submit it to the Prime Minister for his decision on the international agreement in the name of the Government; or submit it to the Government for the State President’s decision on the international agreement in the name of the State as prescribed in Chapter II of the Law on International Agreements 2020.

5. With a view to implementation of the State President’s or Prime Minister’s written decision on conclusion of the international agreement, the proposing unit shall cooperate with the Department of Foreign Relations and relevant units of the Ministry of Foreign Affairs in organizing the conclusion of the international agreement and submitting a report thereon as prescribed in Clauses 4 and 5 Article 9, Article 10 and Article 11 of the Law on International Agreements 2020.

Article 15. Procedures for proposing conclusion of an international agreement in the name of the Ministry of Public Security

1. Pursuant to Clause 1 Article 13 of this Circular, the proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, police authorities of units and administrative divisions and agencies and organizations directly related to the international agreement in discussing with the foreign contracting party about the draft of the international agreement in the name of the Ministry of Public Security.

2. After the parties agree upon contents of the draft of the international agreement, the proposing unit shall dossier requesting opinions on the proposal for conclusion of the international agreement in the name of the Ministry of Public Security as prescribed in Article 27 of the Law on International Agreements 2020; and submit it to the Ministry of Foreign Affairs, agencies, organizations and police authorities of units and administrative divisions directly related to the international agreement to seek their opinions. In the event that an enquired agency or organization disagrees with the conclusion of the international agreement, the proposing unit shall follow the procedures mentioned in Clause 4 Article 17 of the Law on International Agreements 2020.

3. Based on the opinions, the proposing unit shall revise the proposal as prescribed in Article 28 of Law on International Agreements 2020 and submit it to the Deputy Ministers to seek their directions.

4. After receiving the directions from the Deputy Ministers, the proposing unit shall keep revising the proposal and submit 02 (two) sets of proposal to the Department of Foreign Relations for examination purpose and 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for appraisal purpose. The time limit for examination/appraisal is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

The proposal includes:

- A written request for examination/appraisal;

- The document specified in Article 28 of the Law on International Agreements 2020;

- Directions of the Deputy Ministers;

- Other documents (if any).

5. Within 05 (five) working days from the receipt of the examination opinions of the Department of Foreign Relations and appraisal opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister for his decision on the conclusion of the international agreement.

6. With a view to implementation of the Minister’s written decision on conclusion of the international agreement, the proposing unit shall cooperate with the Department of Foreign Relations in organizing the conclusion of the international agreement and submit a report thereon as prescribed in Clause 5 Article 917 of the Law on International Agreements 2020.

Article 16. Procedures for proposing conclusion of an international agreement in the name of a unit affiliated to the Ministry of Public Security

1. Pursuant to Clause 1 Article 13 of this Circular, the proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, police authorities of units and administrative divisions and agencies and organizations directly related to the international agreement in discussing with the foreign contracting party about the draft of the international agreement in the name of a unit affiliated to the Ministry of Public Security.

2. After the parties agree upon contents of the draft of the international agreement, the proposing unit shall prepare a dossier requesting opinions on the proposal for conclusion of the international agreement in the name of such unit; and submit it to the police authorities of units and administrative divisions directly related to the international agreement to seek their opinions.

The dossier includes:

- An enquiry;

- A draft of the proposal for conclusion of the international agreement which specifies the contents mentioned in Clause 1 Article 27 of the Law on International Agreements 2020;

- A draft of the international agreement (in Vietnamese language and foreign language).

3. Based on the opinions, the proposing unit shall revise the proposal to seek directions from the Deputy Ministers.

4. After receiving the directions from the Deputy Ministers, the proposing unit shall keep revising the proposal and submit 02 (two) sets of proposal to the Department of Foreign Relations for examination purpose and 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for appraisal purpose.

The time limit for examination/appraisal is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

The proposal includes:

- A written request for examination/appraisal;

- The document specified in Article 28 of the Law on International Agreements 2020;

- Directions of the Deputy Ministers;

- Other documents (if any).

5. Within 05 (five) working days from the receipt of the examination opinions of the Department of Foreign Relations and appraisal opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister for his decision on the conclusion of the international agreement.

6. Based on the Minister’s decision, the proposing unit shall cooperate with the Department of Foreign Relations in organizing the conclusion of the international agreement and submit a report thereon to the Minister.

Article 17. Procedures for proposing conclusion of an international agreement in the name of the Public Security Department of a province or central-affiliated city

1. Pursuant to Clause 1 Article 13 of this Circular, the Department of Public Security of a province or central-affiliated city (hereinafter referred to as “provincial Public Security Department”) shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, police authorities of units and administrative divisions and agencies and organizations directly related to the international agreement in discussing with the foreign contracting party about the draft of the international agreement in the name of the provincial Public Security Department.

2. After the parties agree upon contents of the draft of the international agreement, the proposing unit shall prepare a dossier requesting opinions on the proposal for conclusion of the international agreement and submit it to the police authorities of units and administrative divisions, foreign relations agency of the provincial People’s Committee and agencies and organizations directly related to the international agreement to seek their opinions.

The dossier includes:

- An enquiry;

- A draft of the proposal for conclusion of the international agreement which specifies the contents mentioned in Clause 1 Article 27 of the Law on International Agreements 2020;

- A draft of the international agreement (in Vietnamese language and foreign language).

3. Based on the opinions given by the police authorities of units and administrative divisions, foreign relations agency of the provincial People’s Committee and agencies and organizations, the proposing unit shall revise the proposal and seek directions from Deputy Ministers.

4. The proposing unit shall consider and respond to the directions from the Deputy Ministers so as to keep revising the proposal and submit 02 (two) sets of proposal to the Department of Foreign Relations for examination purpose and 02 (two) sets of proposal to the Department of Legal Affairs and Administrative and Judicial Reform for appraisal purpose. The time limit for examination/appraisal is 15 (fifteen) working days from the receipt of sufficient sets of proposal.

The proposal includes:

- A written request for examination/appraisal;

- The document specified in Article 28 of the Law on International Agreements 2020;

- Other documents (if any).

5. Within 05 (five) working days from the receipt of the examination opinions of the Department of Foreign Relations and appraisal opinions of the Department of Legal Affairs and Administrative and Judicial Reform, the proposing unit shall complete the proposal and report it to the Minister for his decision on the conclusion of the international agreement.

6. Based on the Minister’s decision, the proposing unit shall cooperate with the Department of Foreign Relations in organizing the conclusion of the international agreement and submit a report thereon to the Minister.

Article 18. Contents of appraisal and examination of the proposal for conclusion of international agreement

1. An appraisal of proposal for conclusion of international agreement shall focus on:

a) Necessity and purposes of concluding the international agreement;

b) Legal bases;

c) Compliance with the principles and procedures prescribed by the Law on International Agreements 2020 and this Circular;

d) Feasibility and efficiency of the international agreement;

dd) Assessment of the conformity of the international agreement with Vietnamese laws and treaties to which Vietnam is a signatory;

e) Assessment of impacts of the international agreement on politics, foreign affairs, national defense, security - order and economy - society and other impacts.

2. An examination of proposal for conclusion of international agreement shall focus on:

a) Comparison of the international agreement with the strategy and plan for international cooperation in the security and order sector of the Communist Party, State, Ministry of Public Security and police authorities of units and administrative divisions;

b) Consistency of the international agreement made in Vietnamese language with that made in the foreign language;

c) Name, form, in the name of, level of concluding agency, language, entry into force and technique of the international agreement.

Chapter III

PROPOSING TERMINATION, AMENDMENT, EXTENSION, DENUNCIATION, WITHDRAWAL FROM, TOTAL OR PARTIAL SUSPENSION OF THE OPERATION OF TREATIES, RESERVATION, ACCEPTANCE OF OR OBJECTION TO RESERVATIONS, WITHDRAWAL OF RESERVATIONS OR OF OBJECTIONS TO RESERVATIONS; PROPOSING AMENDMENT, EXTENSION, TERMINATION, WITHDRAWAL FROM AND SUSPENSION OF THE OPERATION OF INTERNATIONAL AGREEMENTS

Article 19. Proposing termination, amendment, extension, denunciation, withdrawal from, total or partial suspension of the operation of a treaty

1. If during the implementation of a treaty the amendment or extension thereof is needed, the unit proposing the conclusion of the treaty shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in reporting a proposal to the Minister so as for the Minister to submit it to a competent person or competent authority for their decision on amendment or extension of the treaty as prescribed in Articles 54, 73 and 74 of the Law on Treaties 2016.

2. The unit proposing the conclusion of the treaty shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in reporting a proposal to the Minister so as for the Minister to submit it to a competent person or competent authority for their decision on termination, denunciation, withdrawal from, total or partial suspension of the operation of a treaty as prescribed in Article 55 of the Law on Treaties 2016.

Article 20. Proposing reservation, acceptance of or objection to reservations, withdrawal of reservations or of objections to reservations of a treaty

1. At the time of conclusion, approval or ratification of a treaty, the proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in reporting a proposal to the Minister so as for the Minister to submit it to a competent person or competent authority for their decision on the reservation as prescribed in Article 47 of the Law on Treaties 2016.

2. The proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in reporting a proposal to the Minister so as for the Minister to submit it to a competent person or competent authority for their decision on the acceptance of or objection to reservations, withdrawal of reservations or of objections to reservations of the treaty as prescribed in Articles 48 through 51 of the Law on Treaties 2016.

Article 21. Proposing amendment, extension, termination, withdrawal from and suspension of the operation of an international agreement

1. If during the implementation of an international agreement the amendment, extension, withdrawal from, termination or suspension of the operation thereof is needed, the unit proposing the conclusion of the international agreement shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform and Department of Foreign Relations in reporting a proposal to the Minister for his decision or so as for the Minister to submit it to the State President or the Prime Minister for his decision on the amendment, extension, withdrawal from, termination or suspension of the operation of the international agreement. For an international agreement in the name of a unit affiliated to the Ministry of Public Security or provincial Police Security Department, the head of the unit shall decide on the amendment, extension, withdrawal from, termination or suspension of the operation of the international agreement.

2. The unit proposing the conclusion of the international agreement shall report a proposal to the Minister for his decision or so as for the Minister to submit it to a competent authority or competent person for their decision on the termination or suspension of the operation of the international agreement if it is found that the implementation of such international agreement fails to comply with any of the principles set forth in Article 3 of the Law on International Agreements 2020.

3. The procedures for proposing amendment, extension, withdrawal from, termination and suspension of the operation of international agreements in the name of the State, the Government or the Ministry of Public Security shall comply with Articles 33 and 34 of the Law on International Agreements 2020.

4. The procedures for proposing amendment, extension, withdrawal from, termination and suspension of the operation of international agreements in the name of units affiliated to the Ministry of Public Security Ministry of Public Security or provincial Police Security Departments shall be implemented in the same manner as those for conclusion of international agreements specified in this Circular.

5. Every police authority of unit or administrative division shall notify the Department of Legal Affairs and Administrative and Judicial Reform and Department of Foreign Relations of the termination, withdrawal from or suspension of the operation of an international agreement within 15 (fifteen) working days from the date of termination, withdrawal from or suspension of the operation of the international agreement.

Chapter IV

REDUCED PROCEDURES

Article 22. Application of reduced procedures to treaties and international agreements

1. Reduced procedures for conclusion of treaties will apply if the following conditions are met:

a) The reduced procedures only apply to negotiation, conclusion, amendment and extension of the treaties;

b) In the cases other than those specified in Clauses 2 and 3 Article 70 of the Law on Treaties 2016.

2. Reduced procedures for conclusion of international agreements in the name of the State, the Government or the Ministry of Public Security will apply if the conditions mentioned in Article 35 of the Law on International Agreements 2020 are met.

3. Reduced procedures for conclusion of international agreements in the name of units affiliated to the Ministry of Public Security or provincial Public Security Departments will apply if the following conditions are met:

a) Obtaining the permission of the Minister for conclusion during a visit of a high-level Vietnamese delegation to an overseas country, high-level delegation of the Ministry of Public Security to an overseas country, a foreign high-level delegation or a foreign partner delegation in Vietnam;

b) In urgent cases due to requirements concerning politics, foreign affairs, national defense, security - order, emergency relief, disaster or epidemic recovery or other urgent cases.

Article 23. Negotiation, conclusion, amendment and extension of treaties under reduced procedures; conclusion, amendment and extension of international agreements in the name of the State, the Government or the Ministry of Public Security under reduced procedures

1. According to the regulations laid down in Clause 1 Article 22 hereof, units proposing the conclusion of treaties shall report to the Minister the negotiation, conclusion, amendment and extension carried out under reduced procedures as prescribed in Chapter VII of the Law on Treaties 2016.

2. According to the regulations laid down in Clause 2 Article 22 hereof, units proposing the conclusion of international agreements in the name of the State, the Government or the Ministry of Public Security shall report to the Minister the conclusion, amendment and extension of international agreements carried out under reduced procedures as prescribed in Chapter IV of the Law on International Agreements 2020.

Article 24. Conclusion, amendment and extension of international agreements in the name of units affiliated to the Ministry of Public Security and provincial Public Security Departments under reduced procedures

1. Pursuant to Clause 3 Article 22 of this Circular, a unit proposing the conclusion of an international agreement in the name of a unit affiliated to the Ministry of Public Security or provincial Public Security Department shall submit a dossier requesting opinions on the proposal for conclusion of international agreement to seek directions of the Deputy Minister in charge and opinions of the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, agencies and units directly related to such international agreement.

2. Based on the directions and opinions, the proposing unit shall complete the proposal as prescribed in Clause 4 of this Article and report it to the Minister for consideration and decision.

3. A dossier requesting opinions on the proposal for conclusion of international agreement under reduced procedures includes:

a) An enquiry;

b) A draft report submitted to the Minister, containing the following:

- Requirements for and purposes of concluding the international agreement;

- Main contents of the international agreement;

- Assessment of impacts of the international agreement on politics, national defense, security and economy - society and other impacts;

- Compliance with the principles set out in Article 4 of this Circular;

- Reason for application of the reduced procedures.

c) Documentary evidence for satisfying the conditions for application of the reduced procedures specified in Clause 3 Article 22 hereof.

d) A draft of the international agreement in Vietnamese language and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required.

4. A proposal for conclusion of international agreement under reduced procedures includes:

a) A report submitted to the Minister containing the contents mentioned in Point b Clause 3 of this Article;

b) Documentary evidence for satisfying the conditions for application of the reduced procedures specified in Clause 3 Article 22 hereof;

c) A draft of the international agreement in Vietnamese language and foreign language. In case the international agreement only contains a document in foreign language, Vietnamese translation is required;

d) A consolidated table of responses to directions of the Deputy Minister in charge and opinions of the Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, agencies and units concerned.

dd) Written opinions of the Deputy Minister in charge, Department of Legal Affairs and Administrative and Judicial Reform, Department of Foreign Relations, agencies and units concerned.

5. The amendment and extension of international agreements in the name of units affiliated to the Ministry of Public Security or provincial Public Security Departments under reduced procedures shall follow the reduced procedures for conclusion of international agreements.

Article 25. Refusal to apply reduced procedures

If the person or authority competent in deciding to negotiate, conclude, amend and extend a treaty or international agreement refuses to apply the reduced procedures and return the submitted dossier, the proposing unit shall implement the general procedures or improve its submitted dossier at the request of such person or authority.

Chapter V

ORGANIZING IMPLEMNETATION OF TREATIES AND INTERNATIONAL AGREEMENTS IN THE PEOPLE'S PUBLIC SECURITY FORCE

Article 26. Plans for implementation of treaties and international agreements

1. Units proposing conclusion of treaties shall preside over proposing plans to organize implementation of treaties and report them to the Minister so as for the Minister to submit them to the Prime Minister for consideration and decision as prescribed in Article 76 of the Law on Treaties 2016. Based on the plans approved by the Prime Minister, the proposing units shall preside over formulating plans to organize implementation of treaties in the People’s Public Security Force and reporting them to the Minister for consideration and decision.

2. Police authorities of units and administrative divisions proposing conclusion of international agreements shall preside over formulating plans to organize implementation of such international agreements.

3. Police authorities of units and administrative divisions shall, within their jurisdiction, propose plans to organize implementation of treaties and international agreements relating to public security-related work whose conclusion is proposed by ministries, agencies and organizations.

Article 27. Responsibilities of Department of Legal Affairs and Administrative and Judicial Reform for implementation of treaties and international agreements

The Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in performing the following tasks:

1. Formulate plans to organize implementation of treaties in the People's Public Security Force.

2. Organize, provide guidance on, supervise and expedite the implementation of treaties in the People's Public Security Force.

3. Request the Minister to promulgate within his power or competent authorities to consider and decide on the promulgation, amendment and annulment of legislative documents with a view to implementation of treaties.

4. Take necessary measures to protect rights and interests of the State, the Government of the Socialist Republic of Vietnam, Ministry of Public Security and police authorities of units and administrative divisions in the event that foreign contracting parties committing breaches of treaties and international agreements.

5. Keep (physical and electronic) custody of treaties and international agreements in accordance with regulations of law on archiving.

6. Organize communication and dissemination of and training in treaties and international agreements.

7. Organize preliminary review and review of implementation of treaties in the People's Public Security Force.

8. Develop international cooperation in implementation of treaties.

9. Perform other tasks as assigned by the Minister.

Article 28. Responsibilities of Department of Foreign Relations for implementation of treaties and international agreements

The Department of Foreign Relations shall preside over and cooperate with police authorities of units and administrative divisions in performing the following tasks:

1. Formulate plans to organize implementation of treaties in the People's Public Security Force.

2. Organize, provide guidance on, supervise and expedite the implementation of international agreements in the People's Public Security Force.

3. Organize translation of treaties, international agreements and documents relating to implementation of treaties and international agreements from Vietnamese into foreign languages and vice versa.

4. Organize preliminary review and review of implementation of international agreements in the People's Public Security Force.

5. Develop international cooperation in implementation of international agreements.

6. Perform other tasks as assigned by the Minister.

Article 29. Responsibilities of police authorities of units and administrative divisions for implementation of treaties and international agreements

1. Organize implementation of treaties and international agreements within their jurisdiction.

2. Formulate plans to organize implementation of effective treaties and international agreements whose conclusion is proposed by them as assigned.

3. Cooperate in proposing or requesting the Minister to promulgate within his power or recommend the promulgation, amendment and annulment of legislative documents with a view to implementation of treaties.

4. Cooperate in organizing communication and dissemination of and training in treaties and international agreements in the fields under the state management of the Ministry of Public Security.

5. Organize preliminary review and review of implementation of treaties and international agreements in the People's Public Security Force.

6. Submit annual or ad hoc reports on implementation of treaties and international agreements to the Minister.

Article 30. Organizing production of statistics on, review, systematization, keeping of custody, making of certified copies, translation, building of database system and publication of treaties and international agreements

1. On an annual basis, the Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in producing statistics on, reviewing, systematizing, keeping (physical and electronic) custody, making certified copies, building database system and publicizing treaties and international agreements already in force (except for those which contain contents classified as state secrets in accordance with laws or which are not publicized as agreed upon with the foreign contracting party or not publicized under the decision issued by the competent authority as prescribed in Article 60 of the Law on Treaties 2016) on the web portal of the Ministry of Public Security.

2. Police authorities of units and administrative divisions proposing conclusion of treaties and international agreements shall preside over and cooperate with the Department of Foreign Relations in translating treaties, international agreements and documents serving the conclusion and implementation of treaties and international agreements from Vietnamese into foreign languages and vice versa.

Article 31. Funding for treaty-related work and international agreement-related work

1. Funding for conclusion and implementation of treaties and international agreements in the People's Public Security Force shall be covered by the state budget for regular activities of police authorities of units and administrative divisions and other sponsorships as prescribed by law.

2. The management and use of funding for treaty-related work and international agreement-related work in the People's Public Security Force shall comply with regulations of law.

3. The Department of Planning and Finance shall preside over and cooperate with police authorities of units and administrative divisions concerned in inspecting and providing guidelines for management, use and settlement of funding for treaty-related work and international agreement-related work in the People's Public Security Force as prescribed.

Chapter VI

PARTICIPATION IN CONCLUSION AND IMPLEMENTATION OF TREATIES AND INTERNATIONAL AGREEMENTS PROPOSED BY MINISTRIES, AGENCIES AND ORGANIZATIONS; ASSESSMENT OF IMPACTS ON SECURITY AND ORDER DURING CONCLUSION AND IMPLEMENTATION OF TREATIES AND INTERNATIONAL AGREEMENTS

Article 32. Participation in conclusion and implementation of treaties and international agreements proposed by Ministries, agencies and organizations

1. The Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in participating in conclusion and implementation of treaties and international agreements proposed by Ministries, agencies and organizations and submit reports thereon to the Minister.

2. Police authorities of units and administrative divisions shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in participating in conclusion and implementation of treaties and international agreements proposed by Ministries, agencies and organizations.

Article 33. Assessment of impacts on security and order during conclusion and implementation of treaties and international agreements

1. The Department of Legal Affairs and Administrative and Judicial Reform shall preside over and cooperate with police authorities of units and administrative divisions in assessing impacts on security and order during the conclusion and implementation of treaties and international agreements as prescribed in the Government’s Decree No. 35/2011/ND-CP dated May 18, 2011 and other relevant legislative documents; submit reports thereon to the Minister for consideration and decision.

2. An assessment of impacts on security and order during conclusion and implementation of a treaty or international agreement shall focus on:

a) Conformity of the treaty or international agreement with the strategies, policies and plans for security and order protection of the Communist Party and the State, and regulations of the Ministry of Public Security;

b) Impacts of the conclusion and implementation of the treaty or international agreement on the protection of national security, social order and safety maintenance, prevention and fight against crimes and violations of laws on national security, social order and safety; advantages and disadvantages in security and order protection upon conclusion and implementation of the treaty or international agreement; threats to security and order upon conclusion and implementation of the treaty or international agreement;

c) Other issues concerning security and order.

3. Police authorities of units and administrative divisions shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform in assessing impacts on security and order during conclusion and implementation of treaties and international agreements.

Chapter VII

IMPLEMENTATION CLAUSE

Article 34. Effect

1. This Circular comes into force from July 01, 2021. If any of the documents referred to in this Circular is amended or replaced, the newest ones shall prevail.

2. The Circular No. 63/2012/TT-BCA dated October 29, 2012 of the Minister of Public Security shall cease to have effect from the effective date of this Circular.

Article 35. Responsibility for implementation

1. Heads of polices authorities of units and administrative divisions, agencies, organizations and individuals are responsible for the implementation of this Circular.

2. The Director General of the Department of Legal Affairs and Administrative and Judicial Reform shall inspect, expedite and provide guidelines for the implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (via the Department of Legal Affairs and Administrative and Judicial Reform) for timely instructions.

Article 36. Transitional clauses

1. Any treaty or international agreement in the People’s Public Security Force that has not been concluded form the effective date of this Circular but has been concluded under the conclusion procedures as prescribed in the Circular No. 63/2012/TT-BCA shall continue to be concluded as prescribed in the Circular No. 63/2012/TT-BCA without being concluded under the conclusion procedures specified in this Circular.

2. For international agreements that have been concluded as prescribed in the Circular No. 63/2012/TT-BCA, police authorities of units and administrative divisions shall amend, extend, terminate, withdraw from and suspend the operation of such international agreements under the procedures specified in this Circular.

3. Any international cooperation instrument that has been concluded in the name of a police authority of a unit or administrative division and not treated as an international agreement under the Ordinance on conclusion and implementation of international agreements No. 33/2007/PL-UBTVQH11 and Circular No. 63/2012/TT-BCA, within 03 (three) years from the effective date of this Circular, the unit in charge of cooperation activities mentioned in the instrument shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform and Department of Foreign Relations in discussing and agreeing with the foreign partner about the conclusion of the international agreement so as to replace such instrument.

4. Any treaty that has been concluded in the name of a Ministry under the Ordinance on conclusion and implementation of treaties 1989 and Ordinance on conclusion and implementation of treaties 1998, within 03 (three) years from the effective date of this Circular, the proposing unit shall cooperate with the Department of Legal Affairs and Administrative and Judicial Reform and Department of Foreign Relations in discussing and agreeing with the foreign partner about concluding such treaty in the form of a treaty in the name of the State or the Government or an international agreement in the name of the Ministry of Public Security or a unit affiliated to the Ministry of Public Security or provincial Public Security Department./.

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