PROCEDURES FOR SIGNATURE, IMPLEMENTATION AND MANAGEMENT OF SIGNATURE AND IMPLEMENTATION OF DOCUMENTS ON COOPERATION BETWEEN OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM AND FOREIGN PARTNERS

This Circular provides for procedures for proposal, signature, implementation and management of signature and implementation of documents on cooperation between overseas representative missions of the Socialist Republic of Vietnam (hereinafter referred to as “representative missions”) and foreign partners and responsibilities of relevant agencies and organizations.

This Circular does not govern signature and execution of civil and labor contracts between representative missions and foreign partners under foreign law or Vietnamese law.

This Circular applies to:

1. Representative missions;

2. Agencies and organizations within the organizational structure of the Ministry of Foreign Affairs;

3. Relevant agencies, organizations and individuals.

In this Circular, terms below are construed as follows:

1. Representative missions include diplomatic missions, consular posts, and representative missions of the Socialist Republic of Vietnam at international organizations.

2. Cooperation document specified in this Circular refers to a document on cooperation within the scope of functions, tasks, and powers of a representative mission. This cooperation document is signed between the representative mission and a foreign partner and does not result in the fact that the legally binding rights and obligations of the representative mission and the Socialist Republic of Vietnam arise, is modified or terminated.

3. Foreign partner refers to a foreign agency or organization whose head office or place of operation exists in the country or territory where the representative mission is located or concurrently accredited.

4. Regional department refers to an organization within the organizational structure of the Ministry of Foreign Affairs assigned to monitor and manage the country, territory, or international organization where the representative mission is headquartered, or the country or territory within the representative mission’s concurrently accredited area.

1. Be consistent with the Constitution and laws of the Socialist Republic of Vietnam, national and ethnic interests, and foreign policies of the Socialist Republic of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a signatory; adhere to the principles of respect for national sovereignty, non-interference in internal affairs of states, and other fundamental principles of international law.

2. The signature of the cooperation document must ensure that any legally binding rights or obligations of the representative mission and of the Socialist Republic of Vietnam do not arise or are not modified or terminated.

3. Cooperation documents shall be signed only when necessary to contribute to improvement of the efficiency in Vietnam's international cooperation; the signature must satisfy requirements for foreign policies, efficiency in implementation, and feasibility; the cooperation must be within the allocated state budget or autonomous budget in accordance with regulations of law.

4. Be consistent with functions, tasks, and powers of the representative mission, and comply with procedures for signing cooperation documents as prescribed in this Circular.

5. The signature of a cooperation document must not bind the State, the National Assembly, the Government, or any Vietnamese agency or organization that is not a signatory to the cooperation document to take responsibilities for implementation.

6. Fulfill requirements for language and contents of a cooperation document:

a) The language of the cooperation document must not be written or presented in a way that misleads the reader into believing it is legally binding;

b) The cooperation document must not prescribe that the applicable law is Vietnamese law, the law of the host country, or the law of a third country; must not prescribe dispute settlement mechanisms through compulsory or final measures; or waiver of privileges and immunities of the representative mission and its members, unless otherwise decided by a competent authority.

7. The cooperation document may be named as an agreement, declaration, letter of intent, memorandum of understanding, memorandum of agreement, discussion record, cooperation program, cooperation plan, or another name, except for names that include convention, treaty, act, and agreement.

1. Except for the case specified in clause 2 of this Article, the head of the representative mission shall decide the signature of the cooperation document after receiving opinions from the regional department, the Department of Law and International Treaty, and other relevant agencies and organizations. The consulted agencies and organizations shall be responsible for replying in writing within 07 working days from the date of receipt of consultation requests as prescribed in Article 6 of this Circular.

2. In case opinions of the representative mission are different from those of relevant agencies and organizations, or the signature of the cooperation document is complex or sensitive in terms of politics, national defense, security, foreign affairs, finance, economy, trade, or investment, or is related to state management by other ministries, central and local authorities, the head of the representative mission shall, request the ministry leader to consider making decision, through the regional department.

Within 07 working days from the date of receipt of consultation requests as prescribed in Article 6 of this Circular, the regional department shall proceed to seek opinions from relevant agencies and organizations, if necessary.

The regional department shall cooperate with the representative mission in receiving and explaining opinions from relevant agencies and organizations, and in completing consultation requests to be submitted to the ministry leader as prescribed in Article 7 of this Circular.

The head of the representative mission shall direct the organization of the signature of the cooperation document when receiving the written approval from the ministry leader.

3. The representative mission shall send a written report to the Minister and at the same time, a copy of the cooperation document to the regional department, the Department of Law and International Treaty, and other relevant agencies and organizations within 15 working days from the date of the signature of the cooperation document.

A consultation request regarding proposal for signature of a cooperation document specified in clause 1 and clause 2 Article 5 of this Circular includes:

1. A written proposal for the signature of the cooperation document, which clearly states the background, necessity, and purposes of signature of the cooperation document; the main content of the cooperation document; assessment of the conformity of the cooperation document with regulations of Vietnamese law, the law of the country or territory where the representative mission is located or concurrently accredited; the compatibility with international treaties to which the Socialist Republic of Vietnam is a signatory; political, foreign affairs, national defense, security and socio-economic impacts, and other impacts (if any); compliance with regulations of Article 4 of this Circular; the expected representative who signs; and a recommendation about the confidentiality of the cooperation document.

2. Draft cooperation document. In case the cooperation document is only written in a foreign language, it must be accompanied by a Vietnamese translation.

A proposal for signature of a cooperation document specified in clause 2 Article 5 of this Circular includes:

1. A written proposal for signature of the cooperation document, which includes the contents specified in clause 1, Article 6 of this Circular and other opinions of the relevant agencies and organizations (if any)."

2. Written opinions of consulted agencies and organizations.

3. Draft cooperation document. In case the cooperation document is only written in a foreign language, it must be accompanied by a Vietnamese translation.

1. Except for the case specified in clause 3 of this Article, the head of the representative mission shall decide amendments to and extension of the cooperation document after receiving opinions from the regional department, the Department of Law and International Treaty, and other relevant agencies and organizations. The consulted agencies and organizations shall be responsible for replying in writing within 07 working days from the date of receipt of consultation requests as prescribed in Article 2 of this Circular.

2. In case opinions of the representative mission are different from those of relevant agencies and organizations, or amendments to or extension of the cooperation document are complex or sensitive in terms of politics, national defense, security, foreign affairs, finance, economy, trade, or investment, or are related to state management by other ministries, central and local authorities, the head of the representative mission shall, request the ministry leader to consider making decision, through the regional department.

Within 07 working days from the date of receipt of consultation requests as prescribed in clause 3 of this Article, the regional department shall proceed to seek opinions from relevant agencies and organizations, if necessary.

The regional department shall cooperate with the representative mission in receiving and explaining opinions from relevant agencies and organizations, and in completing consultation requests to be submitted to the ministry leader. The head of the representative mission shall direct the amendments/extension of  the cooperation document when receiving the written approval from the ministry leader.

3. A consultation request for amendments/extension of a cooperation document includes:

a) A written proposal for amendments or extension of the cooperation document, which clearly states the necessity and purpose of amendment/extension; amendments or time limit for extension; and an assessment of impacts of such amendment/extension;

b) Draft cooperation document amended/extended. In case the amended/extended cooperation document is only written in a foreign language, it must be accompanied by a Vietnamese translation.

4. The request submitted to the ministry leader for amendment/extension of the cooperation document specified in clause 2 of this Article shall include the documents prescribed in clause 3 of this Article and written explanation/receipt of opinions from relevant agencies and organizations.

5. The representative mission shall send a written report to the Minister and at the same time, a copy of the amended/extended cooperation document to the regional department, the Department of Law and International Treaty, and other relevant agencies and organizations within 15 working days from the date of the amendment/extension of the cooperation document.

1. In case the cooperation document provides for invalidation, withdrawal, or suspension, or the signing parties reach a written agreement on invalidation, withdrawal, or suspension, or a violation against any of the principles specified in Article 4 of this Circular is committed during the implementation of the cooperation document, the head of the representative mission shall decide invalidation, withdrawal, or suspension of the implementation of the cooperation document.

2. The representative mission shall send a written report to the Minister and at the same time, notify the regional department, the Department of Law and International Treaty, and other relevant agencies and organizations of invalidation, withdrawal, or suspension of the implementation of the cooperation document within 15 working days from the date of such invalidation, withdrawal, or suspension takes effect.

1. The representative mission shall be responsible for developing a plan for implementation of the cooperation document after it is signed, and sending it to the Department of Law and International Treaty and the regional department for supervision and consolidation.

2. The representative mission shall report to the Minister and the ministry leader on signature and implementation of the cooperation document on a periodic basis before November 15 of each year, and at the same time send the report to the regional department, the Ministry's Office, the Department of Organization and Personnel, and the Department of Law and International Treaty. The report on implementation of the cooperation document may be prepared separately or integrated into the annual working report of the representative mission.

3. The representative mission shall be responsible for storing the original copy of cooperation document. The storage shall comply with regulations of the law on archives.

1. The regional department shall:

a) Provide opinions on the necessity of signature of the cooperation document and assess the impacts of signature of the cooperation document, and compliance with the principles specified in Article 4 of this Circular when requested.

b) Urge and monitor the signature and implementation of the cooperation document by the representative mission under its management.

c) Give support and guidance, and cooperate with the representative mission to handle issues arising from the signature and implementation of the cooperation document by the representative mission under its management.

2. The Department of Organization and Personnel and the Ministry Office shall integrate results of implementation of cooperation documents (if any) as a reference base for annual assessment, emulation, and commendation of representative missions’ cadres and civil servants.

3. The Department of Foreign Policy shall cooperate in proposing the signature of cooperation documents by representative missions (if any); and cooperate in urging, monitoring and supporting the implementation of such cooperation documents.

4. The Department of Law and International Treaty shall:

a) Provide opinions on the compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a signatory; the compliance with Vietnamese regulations and the principles specified in Article 4 of this Circular when requested.

b) Provide guidance on procedures, format, and language of cooperation documents when requested; and template reports on signature and implementation of cooperation documents;

c) Store copies of cooperation documents of representative missions in the Database of International Agreements.

d) Send a consolidated report to the Minister on a periodic basis before December 15 every year on signature and implementation of cooperation documents by representative missions, based on such representative missions’ reports.

1. This Circular comes into force from July 01, 2026.

2. Heads of representative missions, heads of agencies and organizations under the Ministry of Foreign Affairs, and relevant agencies, organizations, and individuals shall be responsible for the implementation of this Circular.

3. The Director of Department of Law and International Treaty shall provide guidance, inspect and urge implementation of this Circular.

4. Difficulties that arise during the implementation of this Circular shall be promptly reported to the Ministry of Foreign Affairs for prompt guidance (via the Department of Law and International Treaty).