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The Decree specifically stipulates how to handle signed international agreements that are affected by the reorganization of the state apparatus or the reorganization of administrative units at all levels, including: International agreements signed by the People's Committees at the district level before July 1, 2025; international agreements signed by the Department-level agencies; international agreements signed by the provincial-level state agencies; international agreements signed by the Department-level agencies; international agreements signed by the People's Committees at the border commune level; international agreements signed by many agencies and organizations.
Handling of international agreements signed on behalf of the District People's Committee before July 1, 2025
Decree 177/2025/ND-CP stipulates: Responsibilities of the Provincial People's Committee to inherit international agreements signed on behalf of the District People's Committee before July 1, 2025 (hereinafter referred to as "inherited international agreements"):
a) Perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement according to the provisions of the Law on International Agreements 2020 and its implementing guidelines.
b) Implement adjustments and updates to new names of administrative units in inherited international agreements.
Authority of the Chairman of the Provincial People's Committee to inherit international agreements:
a) Decide on amendment, supplement, termination, withdrawal, or temporary suspension of the implementation of inherited international agreements.
b) Decide on the signing of a new international agreement on behalf of the provincial People's Committee to replace the inherited international agreement if necessary, based on discussion and agreement with the foreign signatory.
c) Decide on the application of necessary measures to protect the rights and interests of the Vietnamese signatory in case the inherited international agreement is violated.
Responsibilities of provincial foreign affairs agencies:
a) Advise the Provincial People's Committee to adjust and update the new names of administrative units in inherited international agreements.
b) Advise and assist the Provincial People's Committee in discussing and agreeing with foreign signatories on changing the agency in charge of implementing inherited international agreements.
c) Notify the foreign signatory of the inheritance of all or part of the inherited international agreement.
d) Advise the Chairman of the Provincial People's Committee to decide on amending, supplementing, terminating, withdrawing from, or temporarily suspending the implementation of inherited international agreements.
d) Advise the Chairman of the Provincial People's Committee to decide on the signing of a new international agreement on behalf of the Provincial People's Committee to replace the inherited international agreement if necessary, based on discussion and agreement with the foreign signatory.
e) Advise the Chairman of the Provincial People's Committee to decide on the application of necessary measures to protect the rights and interests of the Vietnamese signatory in case the international agreement is violated.
Procedures for amending, supplementing, terminating, withdrawing from, or temporarily suspending the implementation of inherited international agreements:
a) Before amending, supplementing, terminating, withdrawing from, or temporarily suspending the implementation of an inherited international agreement, the provincial foreign affairs agency shall obtain written opinions from the specialized agency under the provincial People's Committee directly related to that international agreement and other relevant agencies.
b) The consulted agencies shall respond in writing within 07 working days from the date of receipt of the request for comments.
c) The provincial foreign affairs agency synthesizes, explains, receives opinions, completes the dossier and submits it to the Chairman of the provincial People's Committee for consideration and decision.
d) The Chairman of the Provincial People's Committee shall decide in writing on amending, supplementing, terminating, withdrawing from, or temporarily suspending the implementation of an international agreement within 05 working days from the date of receipt of the dossier submitted by the provincial foreign affairs agency.
d) The Chairman of the Provincial People's Committee shall sign or authorize in writing another person to sign documents amending, supplementing, terminating, withdrawing from, or temporarily suspending the implementation of international agreements with foreign signatories.
Handling of international agreements signed on behalf of the Department-level agencies affected by the reorganization of the state apparatus
Responsibilities of the agency receiving the functions, tasks and powers of the Department-level agency subject to the implementation of the state apparatus organization arrangement that is performing the functions, tasks and powers related to the signing and implementation of international agreements on behalf of the signed Department-level agency:
a) Perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement on behalf of the Department-level agency according to the provisions of the Law on International Agreements 2020 and implementing guidelines.
b) Review the provisions of international agreements affected by the reorganization of the state apparatus.
c) Notify, discuss and agree with foreign partners on the necessity of amending regulations related to the name of the agency specified in the international agreement (if any).
d) Notify the foreign partner of the inheritance of all or part of the international agreement on behalf of the agency transferring functions, tasks, and powers and proactively carry out procedures to amend the provisions of the affected international agreement (if any).
The order and procedures for amending, supplementing, extending, terminating, withdrawing from, or temporarily suspending the implementation of international agreements on behalf of the Department-level agencies affected by the reorganization of the state apparatus shall be implemented in accordance with current legal provisions.
In case the amendment of an international agreement on behalf of a Department-level agency is affected by the reorganization of the state apparatus and only involves the name of the Vietnamese signatory, the Department-level agency shall submit to the Minister or Head of the ministerial-level agency a written decision on the amendment of the international agreement, without seeking written opinions from the agencies specified in Clause 1, Article 4 of Decree No. 64/2021/ND-CP dated June 30, 2021 of the Government .
Handling of international agreements on behalf of provincial government agencies affected by administrative unit arrangements at all levels
Responsibilities of the agency receiving the functions, tasks and powers of the provincial-level state agency subject to the implementation of administrative unit arrangement at all levels that is performing functions, tasks and powers related to the signing and implementation of international agreements on behalf of the signed provincial-level state agency:
a) Perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement according to the provisions of the Law on International Agreements 2020 and its implementing guidelines.
b) Review the provisions of international agreements affected by the arrangement of administrative units at all levels, including reviewing changes in the rights and obligations of the Vietnamese signatory.
c) Notify, discuss and agree with foreign partners on the necessity of amending regulations related to the name of the agency specified in the international agreement and other regulations (if any).
d) Notify the foreign partner of the inheritance of all or part of the international agreement on behalf of the agency transferring functions, tasks, and powers and proactively carry out procedures to amend the provisions of the affected international agreement (if any).
Responsibilities of provincial foreign affairs agencies:
a) Advise the Provincial People's Committee to perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement on behalf of the Provincial People's Committee according to the provisions of the Law on International Agreements 2020 and implementing guidelines.
b) Advise the provincial People's Committee to review the provisions of international agreements on behalf of the provincial People's Committee affected by the arrangement of administrative units at all levels, including reviewing changes in the rights and obligations of the Vietnamese signatory.
c) Advise the Provincial People's Committee to adjust and update the new names of administrative units in international agreements on behalf of the Provincial People's Committee.
d) Notify and discuss with foreign partners the necessity of amending regulations related to the name of the agency specified in the international agreement and other regulations (if any) according to the decentralization of the Provincial People's Committee.
d) Advise the Provincial People's Committee to agree on the necessity of amending regulations related to the name of the agency specified in the international agreement and other regulations (if any).
e) Advise the provincial People's Committee to notify foreign partners about inheriting all or part of the international agreement on behalf of the agency transferring functions, tasks and powers.
The order and procedures for amending, supplementing, extending, terminating, withdrawing from, or temporarily suspending the implementation of international agreements on behalf of provincial-level state agencies affected by the rearrangement of administrative units at all levels shall be implemented in accordance with current legal provisions.
In case of amending an international agreement on behalf of a provincial agency affected by the arrangement and reorganization of administrative units at all levels, only related to the name of the Vietnamese signatory, the provincial agency shall proactively carry out the procedure for amending the international agreement, without having to seek written opinions from the agencies specified in Clause 1, Article 19 of the Law on International Agreements 2020.
Handling of international agreements signed on behalf of the Department-level agencies affected by the arrangement of administrative units at all levels
Responsibilities of the agency receiving the functions, tasks and powers of the Department-level agency subject to the implementation of the arrangement of administrative units at all levels that are performing functions, tasks and powers related to the signing and implementation of international agreements on behalf of the signed Department-level agency:
a) Perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement according to the provisions of the Law on International Agreements 2020 and its implementing guidelines.
b) Review the provisions of international agreements affected by the arrangement of administrative units at all levels.
c) Notify, discuss and agree with foreign partners on the necessity of amending regulations related to the name of the agency specified in the international agreement (if any).
d) Notify the foreign partner of the inheritance of all or part of the international agreement on behalf of the agency transferring functions, tasks, and powers and proactively carry out procedures to amend the provisions of the affected international agreement (if any).
In case many different agencies inherit the functions, tasks and powers of the Department-level agency subject to the arrangement of administrative units at all levels that are performing functions, tasks and powers related to the signing and implementation of international agreements, the Chairman of the Provincial People's Committee shall decide on the agency receiving the international agreement based on the advice of the provincial foreign affairs agency.
The order and procedures for amending, supplementing, extending, terminating, withdrawing from, or temporarily suspending the implementation of international agreements on behalf of Department-level agencies affected by the rearrangement of administrative units at all levels shall be implemented in accordance with current legal regulations.
In case of amending an international agreement on behalf of a Department-level agency affected by the arrangement of administrative units at all levels, only related to the name of the Vietnamese signatory, the Department-level agency shall send the dossier to the provincial foreign affairs agency to submit to the Chairman of the Provincial People's Committee for a written decision on amending the international agreement, without asking for written opinions from the agencies specified in Clause 1, Article 5 of Decree No. 64/2021/ND-CP dated June 30, 2021 of the Government.
Handling of international agreements signed on behalf of the People's Committees of border communes that are affected by the arrangement of administrative units at all levels
Responsibilities of the agency receiving the functions, tasks and powers of the People's Committee at the border commune level that is subject to the arrangement of administrative units at all levels and is performing the functions, tasks and powers related to the signing and implementation of international agreements on behalf of the People's Committee at the border commune level that have been signed:
a) Perform the functions, tasks and powers of the agency proposing the signing and the agency in charge of implementing the international agreement according to the provisions of the Law on International Agreements 2020 and its implementing guidelines.
b) Review the provisions of international agreements affected by the arrangement of administrative units at all levels.
c) Notify, discuss and agree with foreign partners on the necessity of amending regulations related to the name of the agency specified in the international agreement (if any).
d) Notify the foreign partner of the inheritance of all or part of the international agreement on behalf of the agency transferring functions, tasks, and powers and proactively carry out procedures to amend the provisions of the affected international agreement (if any).
In case many different agencies inherit the functions, tasks and powers of the People's Committees of border communes that are subject to the arrangement of administrative units at all levels and are performing functions, tasks and powers related to the signing and implementation of international agreements, the Chairman of the Provincial People's Committee shall decide on the agency receiving the international agreement based on the advice of the provincial foreign affairs agency.
Handling of international agreements on behalf of many agencies and organizations affected by the reorganization of the state apparatus or the reorganization of administrative units at all levels
In case the Vietnamese signatories are subject to the reorganization of the state apparatus or subject to the reorganization of administrative units at all levels, the agency or organization acting as the focal point for signing the international agreement on behalf of many agencies or organizations as prescribed in Article 24 of the Law on International Agreements 2020 shall have the following responsibilities:
Preside over and coordinate with other signatory agencies and organizations to review the provisions of international agreements on behalf of many agencies and organizations affected by the reorganization of the state apparatus or the reorganization of administrative units at all levels, including reviewing changes in the rights and obligations of the Vietnamese signatory.
Preside over discussions and agreements with other signatory agencies, organizations and foreign partners on amending provisions of international agreements on behalf of multiple agencies and organizations if necessary.
Notify foreign partners of changes related to the Vietnamese signatory in international agreements on behalf of many agencies and organizations.
Source: https://baochinhphu.vn/xu-ly-cac-thoa-thuan-quoc-te-da-ky-ket-bi-tac-dong-do-sap-xep-to-chuc-bo-may-nha-nuoc-102250702173918453.htm
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