Luật Điều ước quốc tế sửa đổi 2025

LAW

AMENDMENTS TO THE LAW ON TREATIES

Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on amendments to the Law on Treaties No. 108/2016/QH13.

Article 1. Amendments to the Law on Treaties

1. Clause 1 of Article 8 is amended as follows:

“1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office, ministries, ministerial agencies, and agencies attached to the Government (hereinafter referred to as proposing agencies), based on their assigned functions and powers and international cooperation requirements, shall propose to the Prime Minister for the Prime Minister to submit to the President the negotiation of a treaty in the name of the State, and shall propose to the Prime Minister the negotiation of a treaty in the name of the Government.”.

2. Clause 2 of Article 9 is amended as follows:

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3. Clause 1a is added after clause 1 and clause 2 of Article 11 is amended as follows:

“1a. Where competent authorities of the Party, the President, or the Prime Minister have issued written approval of the policy on treaty negotiation, the submitted dossier for negotiation shall only require a submission clearly stating the proposal for authorization to conduct the negotiation.

2. Where a proposing agency proposes the termination of treaty negotiations, the submitted dossier shall include a draft treaty reflecting the option for termination of the negotiation.”.

4. A number of clauses of Article 13 are amended as follows:

a) Amendments to Clause 1 as follows:

“1. Based on assigned functions and powers and international cooperation requirements, agencies prescribed in Article 8 of this Law shall propose to the Prime Minister for the Prime Minister to submit to the President the decision on the signing of a treaty in the name of the State or for the Government to decide on the signing of a treaty in the name of the Government.”;

b) Amendments to Clause 4 are as follows:

“4. Consulted agencies and organizations prescribed in clause 2 of this Article shall provide written responses within 10 days from the date of receipt of a complete dossier or within the time limits prescribed in clause 1 Article 18 and clause 1 Article 20 of this Law.”.

5. Clause 1 of Article 18 is amended as follows:

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6. Clause 1 of Article 20 is amended as follows:

“1. The Ministry of Justice shall appraise a treaty within 10 days from the date of receipt of a complete dossier as prescribed in Article 21 of this Law, or within 20 days in cases where an appraisal council is established as prescribed in clause 3 of this Article.”.

7. Article 21 is amended as follows:

“Article 21. Dossier requesting examination and appraisal of a treaty

1. A dossier requesting examination and appraisal of a treaty shall include:

a) A written request for examination and appraisal of a treaty, containing the contents prescribed in clause 2 Article 18 and clause 2 Article 20 of this Law;

b) A draft submission dossier on the proposal for signing of a treaty prescribed in Article 17 of this Law, excluding the examination opinion of the Ministry of Foreign Affairs and the appraisal opinion of the Ministry of Justice.

2. A dossier requesting examination and appraisal of a treaty shall be submitted in electronic form and one paper copy. The electronic version shall comply with legal standards; the proposing agency shall be responsible for the accuracy of both the paper and electronic versions.

3. The Ministry of Foreign Affairs and the Ministry of Justice shall receive and review dossiers requesting examination and appraisal. Where a dossier does not comply with clause 1 of this Article, no later than 3 working days from the date of receipt, the Ministry of Foreign Affairs and the Ministry of Justice shall request the proposing agency to supplement and complete the dossier.”.

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“3. The head of a delegation attending an international conference shall be authorized in writing by the Prime Minister, except where the international conference does not involve negotiation, adoption, or amendment of a treaty to which the Socialist Republic of Vietnam is a party, in which case authorization shall be decided by the head of the proposing agency.

Where authorization is required for members of the Vietnamese delegation to attend an international conference in accordance with conference rules, the proposing agency shall submit the matter to the Prime Minister for decision or the head of the proposing agency shall decide in accordance with this clause.”.

9. Article 30 is amended as follows:

“Article 30. Proposal for ratification of a treaty

1. The proposing agency shall submit to the Prime Minister for the Prime Minister to submit to the President the ratification of a treaty after obtaining written opinions from the Ministry of Foreign Affairs and the Ministry of Justice. Depending on the nature and contents of the treaty, the proposing agency shall decide on obtaining opinions from relevant agencies and organizations.

2. The Prime Minister shall submit to the President for the President to submit to the National Assembly the ratification of a treaty subject to ratification by the National Assembly.

3. Consulted agencies and organizations prescribed in clause 1 of this Article shall provide written responses within 10 days from the date of receipt of the written request for opinions.”.

10. Article 39 is amended as follows:

“Article 39. Proposal for approval of a treaty

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2. Consulted agencies and organizations prescribed in clause 1 of this Article shall provide written responses within 10 days from the date of receipt of the written request for opinions.”.

11. A number of clauses of Article 41 are amended as follows:

a) Clause 1 is amended as follows:

“1. Agencies prescribed in Article 8 of this Law, based on their assigned functions and powers and international cooperation requirements, shall propose to the Government for decision, shall propose to the Prime Minister for the Prime Minister to submit to the President for decision, or shall submit for the President to submit to the National Assembly for decision on the accession to a treaty in accordance with the competence prescribed in clauses 1, 2 and 3 Article 43 of this Law.”;

b) Clause 3 is amended as follows:

“3. Consulted agencies and organizations prescribed in clause 2 of this Article shall provide written responses within 10 days from the date of receipt of a complete consultation dossier.”.

12. Clause 2 of Article 48 is amended as follows:

“2. Where a foreign contracting party raises a reservation to a treaty after the proposing agency has submitted the matter to a competent authority regarding the signing, ratification, approval, or accession to a treaty, the Ministry of Foreign Affairs shall notify the proposing agency immediately upon receipt of information on such reservation.  The proposing agency shall submit a supplementary proposal on acceptance or objection to the reservation after obtaining written opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations.”.

13. Article 54 is amended as follows:

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1. A treaty shall be amended or extended in accordance with the provisions of that treaty or based on agreement between the Vietnamese party and the foreign contracting party.

2. A decision on amendment or extension of a treaty shall include the following contents:

a) Name of the treaty subject to amendment or extension; time and place of signing; and time of entry into force;

b) Contents of amendment and duration of extension of the treaty;

c) Responsibilities of the proposing agency, the Ministry of Foreign Affairs, and relevant agencies and organizations.

3. Procedures for deciding on amendment or extension of a treaty shall be carried out as follows:

a) The proposing agency shall obtain examination opinions from the Ministry of Foreign Affairs and appraisal opinions from the Ministry of Justice, and concurrently obtain opinions from relevant agencies and organizations before submitting to the Government or the Prime Minister on amendment or extension of a treaty. A dossier requesting examination and appraisal is not required to include opinions from relevant agencies and organizations. Consulted agencies and organizations shall provide written responses within 10 days from the date of receipt of a complete consultation dossier;

b) The Government shall decide on the amendment or extension of a treaty approved, acceded to, or signed by the Government but not subject to ratification or approval; the Prime Minister shall submit to the President for decision on the amendment or extension of a treaty ratified, acceded to, or signed by the President but not subject to ratification;

c) The President shall decide on the amendment or extension of a treaty ratified, acceded to, or signed by the President but not subject to ratification; shall submit to the National Assembly for decision on the amendment or extension of a treaty ratified by the National Assembly or for which accession is decided by the National Assembly;

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4. A dossier submitted for amendment or extension of a treaty shall include:

a) A submission of the proposing agency clearly stating the purpose, requirements, legal basis, and legal consequences of the amendment or extension of the treaty;

b) Examination opinions of the Ministry of Foreign Affairs, appraisal opinions of the Ministry of Justice, and opinions of relevant agencies and organizations; a report explaining and incorporating the examination opinions of the Ministry of Foreign Affairs, the appraisal opinions of the Ministry of Justice, and the opinions of relevant agencies and organizations; and proposed handling measures;

c) The treaty document;

d) A request for amendment or extension of the treaty from the foreign contracting party or relevant regulatory agencies of Vietnam.”.

14. Clause 3 is added after Clause 2 of Article 58 as follows:

“3. Dossiers proposing the signing of a treaty and treaty documents shall be archived in accordance with the law on archives.”.

15. Clauses 1 and 2 Article 60 are amended as follows:

“1. A treaty effective for the Socialist Republic of Vietnam shall be published on the Electronic Official Gazette and the electronic portal of the proposing agency, except where otherwise agreed between the Vietnamese party and the foreign contracting party or where a decision is issued by a competent regulatory agency.

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2. The Official Gazette authority shall publish the treaty on the Electronic Official Gazette within 15 days from the date of receipt of a copy of the effective treaty sent by the Ministry of Foreign Affairs. The text published on the Electronic Official Gazette shall have the same legal validity as the copy of the treaty prescribed in Article 61 of this Law.”.

16. Clause 4 of Article 63 is amended as follows:

“4. The proposing agency shall promptly submit to the Prime Minister for decision in the event of a change in the person authorized to sign a treaty on behalf of the Government; shall submit to the Prime Minister for the Prime Minister to submit to the President for decision in the event of a change in the person authorized to sign a treaty on behalf of the State.

Where there is a change in the person authorized, the proposing agency shall promptly submit to the competent authority for decision.

The Ministry of Foreign Affairs shall complete external procedures for issuance of letters of authorization or letters of mandate in accordance with clauses 1, 2, and 3 of this Article after a decision is issued by the competent authority.”.

17. Clause 1 of Article 64 is amended as follows:

“1. The Ministry of Foreign Affairs shall notify the foreign contracting party or the depositary of a multilateral treaty of the ratification, approval, or accession to a treaty within 10 days from the date of receipt of a document of the National Assembly, the President, or the Government on ratification, approval, or decision on accession to the treaty, except for the case prescribed in clause 2 Article 71a of this Law.”.

18. Clause 3 of Article 70 is amended as follows:

“3. Procedures, dossiers, and processes for negotiation, signing, ratification, approval, amendment, supplementation, extension, termination of validity, and implementation of treaties on official development assistance loans and concessional foreign loans shall comply with the law on public debt management.”.

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“Article 71. Concurrent proposal for negotiation and signing of a treaty

Where the proposing agency determines treaty contents and fully compiles necessary documents in the dossier proposing the signing of a treaty in accordance with Article 17 of this Law, a concurrent proposal for negotiation and signing of a treaty may be made. Procedures, dossiers, and submission processes for concurrent proposals for negotiation and signing of a treaty shall comply with Section 2 Chapter II of this Law.”

20. Article 71a is added after Article 71 as follows:

“Article 71a. Concurrent proposal for signing and approval or ratification of a treaty

1. Where the proposing agency determines that a treaty may be ratified immediately after signing, is sufficiently clear and detailed for implementation, and fully compiles necessary documents in the dossier proposing ratification of a treaty within the competence of the President in accordance with Article 31 of this Law, a concurrent proposal for signing and ratification of a treaty may be made. The submission dossier shall comply with Articles 17 and 31 of this Law.

2. Where the proposing agency determines that a treaty may be approved immediately after signing, is sufficiently clear and detailed for implementation, and has fully compiled the necessary documents in the dossier proposing approval in accordance with Article 40 of this Law, a concurrent proposal for signing and approval of the treaty may be made.  The submission dossier shall comply with Articles 17 and 40 of this Law.

3. The Ministry of Foreign Affairs shall carry out external notification procedures regarding approval or ratification within 10 days from the date of receipt of the original treaty document in accordance with clause 1 Article 26 of this Law.

4. Where changes arise rendering concurrent signing and approval or ratification no longer appropriate, the proposing agency shall cooperate with the Ministry of Foreign Affairs and report to the Government and the President for consideration and decision.”.

21. Article 72 is amended as follows:

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1. Simplified procedures shall apply to the negotiation and signing of a treaty in the following cases:

a) A treaty based on a template prescribed in a treaty between the Socialist Republic of Vietnam and the same foreign contracting party or based on a template approved by a competent authority in accordance with clause 2 of this Article;

b) Pursuant to a decision of the Prime Minister or another competent authority on application of simplified procedures on one or multiple occasions based on a proposal of the proposing agency.

2. After obtaining opinions of the Ministry of Foreign Affairs and the Ministry of Justice, the proposing agency shall submit to the Prime Minister for decision on a treaty template on behalf of the Government; shall submit to the Prime Minister for the Prime Minister to submit to the President for decision on a treaty template on behalf of the State.

3. Simplified procedures for negotiation and signing of a treaty shall be conducted as follows:

a) The submission dossier for negotiation in accordance with Article 11 of this Law shall only require a recommendation on authorization for negotiation;

b) Consulted agencies and organizations in accordance with clause 2 Article 13 of this Law, the Ministry of Foreign Affairs, and the Ministry of Justice shall provide written responses within 5 working days from the date of receipt of a complete consultation dossier or a request for examination and appraisal;

c) The dossier requesting examination and appraisal of a treaty shall include a written request for examination and appraisal of the treaty, a draft submission to the Government proposing signing of the treaty, written opinions of relevant agencies and organizations, and the treaty document;

d) The submission dossier for signing of a treaty shall include documents prescribed in clauses 1, 2, and 6 Article 17 of this Law;

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22. Article 72a is added after Article 72 as follows:

“Article 72a. Authorization in special cases

Where necessary to address practical requirements or urgent foreign affairs needs, after obtaining opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations, the proposing agency shall recommend that the Prime Minister report to the President for authorization for the Prime Minister to decide on negotiation, signing, and amendment of certain treaties on behalf of the State falling within the competence of the President for a specified period. This provision shall not apply to treaties prescribed at points a, b, c, and d clause 1 Article 4 of this Law.”.

23. The title and certain clauses of Article 73 are amended as follows:

a) The title of Article is amended as follows:

“Article 73. Amendment and extension of a treaty under simplified procedures;

b) Clause 1 is amended as follows:

“1. Where amendments, supplementation, or extension of a treaty are of a purely technical nature or do not alter the fundamental rights and obligations of Vietnam, the proposing agency is not required to obtain opinions of relevant agencies and organizations prescribed at point a clause 3 Article 54 of this Law prior to submission to the Government or the Prime Minister. Where opinions are obtained, consulted agencies and organizations shall provide written responses within 5 working days from the date of receipt of a complete consultation dossier.”;

c) Clause 4 is amended as follows:

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24. Clause 8 is added after Clause 7 of Article 79 as follows:

“8. Take charge and cooperate with the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies and organizations in reporting to the Prime Minister on the implementation of procedures in accordance with the treaty or agreements among parties to the treaty to which the Socialist Republic of Vietnam is a party with respect to accession by a foreign contracting party to such treaty, and recommend appropriate procedures.”.

25. Certain phrases are replaced as follows:

a) The phrase “National Assembly Committee for External Relations” is replaced with “National Assembly Committee for National Defense, Security and External Relations” in Article 33;

b) The word “day” is replaced with the phrase “working day” in Article 60 and Article 63.

26. Annulment of Article 19 and Article 74.

Article 2. Entry into force

1. This Law comes into force on January 1, 2026.

2. Certain clauses and points of the Law on Organization of the Government No. 63/2025/QH15 are amended as follows:

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“3. Decide on special amnesty in accordance with law;”;

b) Point a clause 3 Article 13 is amended as follows:

“a) Confer orders, medals, state awards, and honorary state titles; decide on granting, renunciation, or deprivation of Vietnamese nationality; submit to the President for decision on ratification, accession, or termination of validity of treaties falling within the competence of the President;”.

Article 3. Transitional provisions

Where dossiers proposing negotiation, signing, amendment or extension of a treaty or other dossiers related to treaties were submitted to a competent authority prior to the effective date of this Law but have not yet been resolved by such authority, implementation shall comply with the Law on Treaties No. 108/2016/QH13.

This Law was adopted by the 15th National Assembly of the Socialist Republic of Vietnam at its 10th session on December 10, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man

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