Improving the Law on Treaties – affirming Vietnam’s courage and position in the international arena

Accordingly, the Law on Treaties of 2016 has made an important contribution to the conclusion, accession to, and implementation of treaties; however, after nearly a decade, many limitations have emerged. Deputy Thach Phuoc Binh (Vinh Long) stated that the division of authority among institutions such as the National Assembly, the Government, and the State President remains unclear, leading to difficulties in practice.

The current draft Law has added a simplified authorization mechanism, allowing for expedited negotiation and conclusion in special circumstances. This is considered a major step forward that increases proactiveness in diplomacy, but it remains necessary to provide strict criteria for application and parliamentary oversight mechanisms to prevent abuse.

“The lack of clarity in the division of authority easily leads to difficulties in practice, especially with treaties of broad impact. The current draft has added a simplified authorization mechanism, which is an important step forward, helping to increase proactiveness and responsiveness in diplomacy. However, it is necessary to clarify the criteria for what is considered ‘necessary’, and at the same time to add a reporting mechanism to the National Assembly so as to ensure both flexibility and the maintenance of supreme oversight,” emphasized Deputy Thach Phuoc Binh.

An important highlight is the shortening of the appraisal and consultation period to only 10–20 days and the encouragement of using electronic dossiers and online consultations. This not only saves costs but is also consistent with modern governance trends.

The draft also codifies simplified procedures for technical treaties, ODA loan agreements, or simple bilateral treaties. However, deputies emphasized the need for clear criteria to ensure that national defense, security, and finance are not affected.

The draft Law has codified simplified procedures allowing negotiation–conclusion, conclusion–approval, and conclusion–ratification for certain simple, technical treaties. Deputy Thach Phuoc Binh assessed this as a breakthrough step, particularly useful for ODA loan treaties or bilateral treaties

However, Deputy Thach Phuoc Binh also cautioned: “To avoid the risk of abuse, the simplified procedure should only apply to treaties that do not affect politics, national defense, or security, and do not generate major obligations for the state budget. At the same time, there must be post-review responsibility and reporting to the National Assembly and the State President to ensure strictness".

Another shortcoming of the current Law is the limited disclosure and storage of treaties. The new draft supplements provisions on publication in the electronic Official Gazette, but many deputies proposed that the establishment of a national database on treaties should be codified.

This will be a public, unified, and accessible system that effectively serves the purposes of reference and management, while ensuring the right of citizens and enterprises to access information.

The Conference also recommended that the National Assembly should maintain a key role in supervising treaties directly related to sovereignty, national defense, security, and national finance. In addition, consistency is needed between the Law on Treaties and related laws such as the Law on Organization of the Government, the Law on Promulgation of Legal Documents, and the Law on Public Debt Management.

“Only in this way can the new Law truly take effect in practice, becoming a solid legal foundation that enables Vietnam to be proactive and flexible in international integration while firmly safeguarding national interests,” affirmed the National Assembly deputy from Vinh Long province.

On behalf of the drafting body, Deputy Minister of Foreign Affairs Le Anh Tuan acknowledged and addressed many of the comments. Deputy Minister Le Anh Tuan stated that the draft Law has clarified the division of authority, added simplified procedures while ensuring legal safety, and at the same time promoted digital transformation and the disclosure of electronic dossiers.

“We will continue to review and coordinate with relevant agencies to further improve the draft Law with the highest quality, and submit it to the National Assembly for consideration and adoption at the next session”, emphasized the Deputy Minister of Foreign Affairs.

Overall, the adjustments in the draft Law amending and supplementing a number of articles of the Law on Treaties are not only aimed at improving the legal mechanism but also demonstrate Vietnam’s determination to pursue proactive, flexible, and effective integration.

Under the motto “clarified authority – simplified procedures – transparent information – enhanced oversight,” the new Law promises to serve as a vital legal instrument, supporting Vietnam’s steady progress on the course of international integration and reaffirming its standing and credibility in the international arena.