Clearly define criteria for classifying treaties, ensuring consistency in the legal system

On the morning of October 31, during a discussion at Group 13 (including the National Assembly Delegation of Son La and Vinh Long provinces) on the draft Law on amending and supplementing a number of articles of the Law on International Treaties, delegates recommended clarifying the criteria for classifying treaties, ensuring clear decentralization and delegation of powers and unifying the legal system; and at the same time, adding a mechanism for periodic monitoring of implementation.

View of Group 13 meeting. Photo: Manh Hung

Discussing the draft Law amending and supplementing a number of articles of the Law on International Treaties, National Assembly Deputy Thach Phuoc Binh ( Vinh Long ) said that some concepts such as "temporary application", "mixed treaty", "international agreement" are not currently consistent with the Law on International Agreements 2020 and the Law on Signing and Accession to International Treaties 2016. In addition, the lack of clear distinction between "treaties on behalf of the State" and "treaties on behalf of the Government" leads to confusion in the decentralization of signing authority.

National Assembly Deputy Thach Phuoc Binh (Vinh Long) speaks. Photo: Manh Hung

Delegates proposed to supplement the explanation of new terms and clearly stipulate criteria for classifying treaties on behalf of the Government to ensure consistency in the legal system; assign the Ministry of Foreign Affairs as the sole focal point to check the legality of documents; and supplement the mechanism for the National Assembly Standing Committee to be authorized to ratify treaties that do not create new obligations.

Regarding the mechanism for temporary application of treaties, delegates said that it is necessary to specify the application period, periodic reporting mechanism and conditions for terminating temporary application, to ensure flexibility while still closely controlling international obligations.

National Assembly Delegate Nguyen Thi Quyen Thanh (Vinh Long) speaks. Photo: Manh Hung

Delegates also proposed to supplement regulations on monitoring the implementation of treaties in the direction of the Government sending periodic reports every two years to the National Assembly; strengthening coordination between the Ministry of Justice and the State Audit in monitoring the use of resources to implement treaties. At the same time, clarifying the coordination mechanism between central and local agencies in signing international agreements to serve socio-economic development.

National Assembly Deputy Nguyen Thi Quyen Thanh (Vinh Long) assessed that amending the Law is necessary to remove long-standing obstacles in the process of negotiating, signing and disbursing ODA capital treaties. The delegate suggested clarifying the content of treaties related to ODA to be consistent with the Law on Public Debt Management; at the same time, adding regulations on digital transformation, electronic records and information security mechanisms in the announcement of treaties.

National Assembly Delegate Dinh Cong Sy (Son La) speaks. Photo: Manh Hung

National Assembly Deputy Dinh Cong Sy (Son La) assessed that the amendment of the Law contributes to the timely institutionalization of the Party's guidelines and policies, especially the thematic Resolutions recently issued by the Politburo; at the same time, perfecting institutions, policies and laws on international integration in the new situation; administrative reform, promoting decentralization and delegation of power in signing international treaties; overcoming bottlenecks in current laws, meeting the political requirements, foreign affairs and international integration of the Party and State.

Commenting on the draft Law amending and supplementing a number of articles of the Law on National Defense Industry, Security and Industrial Mobilization, delegate Vo Van Hoi (Vinh Long) suggested that it is more reasonable to separate the National Defense Industry Fund managed by the Ministry of National Defense and the Security Industry Fund managed by the Ministry of Public Security than the model of a common fund.

Delegate Vo Van Hoi (Vinh Long) speaks. Photo: Manh Hung

Delegates also recommended that industrial mobilization tasks be reviewed in a streamlined manner to avoid overlap; at the same time, encourage the formation of defense-security industrial zones associated with local socio-economic development, creating conditions for arranging reserve mobilization forces and solving jobs for demobilized people's police.

Source: https://daibieunhandan.vn/quy-dinh-ro-tieu-chi-phan-loai-dieu-uoc-bao-dam-thong-nhat-he-thong-phap-luat-10393805.html