Viêt Nam

Reservation made upon ratification:

“The Socialist Republic of Viet Nam does not consider itself bound by the provisions of Article 63, paragraph 2 of this Convention.”
Declarations made upon ratification:

“1. The Socialist Republic of Viet Nam declares that the provisions of the United Nations Convention against Cybercrime are non-self-executing. The implementation of provisions of this Convention shall be in accordance with constitutional principles and substantive law of the Socialist Republic of Viet Nam, on the basis of bilateral or multilateral cooperative agreements with other States and the principle of reciprocity.
2. The Socialist Republic of Viet Nam declares that the liability of legal persons under Article 18 of this Convention shall be implemented in accordance with its domestic law, and that criminal liability of legal persons shall apply only within the scope provided for in the Criminal Code of the Socialist Republic of Viet Nam, while legal persons may be subjected to appropriate civil or administrative liability.
3. The Socialist Republic of Viet Nam declares that it shall consider this Convention as the legal basis for extradition only in its relations with States Parties that also consider this Convention as the legal basis for extradition.”

Declaration made upon approval:

“Pursuant to Article 70 and Article 10, Paragraph 1 of the Agreement, the Government of the Socialist Republic of Viet Nam declares the exception that the application of the provisions of the Agreement does not extend to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated before the entry into force of the Agreement for Viet Nam.
Besides, the Government of the Socialist Republic of Viet Nam recalls the understanding of Article 18 entitled ‘Area of application’ of the Agreement noted in the Report of the Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction at its fifth session (A/CONF.232/2023/5), that the phrase ‘the Conference of the Parties shall not consider for decision’ means that the Conference of the Parties can look at a proposal but shall not decide on such proposals.”

Declaration:

“1. The Socialist Republic of Viet Nam shall not take this Convention as the direct legal basis for extradition. The Socialist Republic of Viet Nam shall carry out extradition in accordance with the provisions of its domestic laws and regulations, on the basis of treaties on extradition and the principle of reciprocity.
2. The Socialist Republic of Viet Nam does not consider itself bound by paragraph 1 of Article 23 of the Convention;”

Reservation made upon signature and confirmed upon ratification:

"The Government of the Socialist Republic of Vietnam does not consider itself bound by the provisions of Article 66, paragraph 2, of this Convention."
Declarations:

“1. Pursuant to principles of the Vietnamese law, the Socialist Republic of Vietnam declares that it does not consider itself bound by the provisions with regard to the criminalization of illicit enrichment set forth in Article 20 and the criminal liability of legal persons set forth in Article 26 of the United Nations Convention Against Corruption.
2. The Socialist Republic of Vietnam declares that the provisions of the United Nations Convention Against Corruption are non-self-executing; the implementation of provisions set forth in the Convention shall be in accordance with Constitutional principles and substantive law of the Socialist Republic of Vietnam, on the basis of bilateral or multilateral cooperative agreements with other States Parties and the principle of reciprocity.”

Declaration:

"Any dispute arising between the Socialist Republic of Viet Nam and any other Parties to the Convention concerning the implementation or application of the Convention, which is not resolved through negotiation or any other peaceful means in accordance with paragraph 1, article 27 thereof, shall be referred to arbitration for settlement, only on the basis of agreement between the Socialist Republic of Viet Nam and such parties, on the basis of case by case."

Reservation:

“The Socialist Republic of Viet Nam does not consider itself bound by paragraph 2 of Article 15 of this Protocol.”

Reservation:

“The Socialist Republic of Viet Nam does not consider itself bound by the provisions of paragraph 2 of Article 35 of this Convention.”
Declaration:

“1. The Socialist Republic of Viet Nam declares that the provisions of the United Nations Convention against Transnational Organized Crime are non-self-executing. The implementation of provisions of this Convention shall be in accordance with Constitutional principles and substantive law of the Socialist Republic of Viet Nam, on the basis of bilateral or multilateral cooperative agreements with other States and the principle of reciprocity.
2. Pursuant to principles of the Vietnamese law, the Socialist Republic of Viet Nam declares that it does not consider itself bound by the provisions with regard to the criminal liability of legal persons set forth in Article 10 of this Convention.
3. The Socialist Republic of Viet Nam, pursuant to Article 16 of this Convention, declares that it shall not take this Convention as the direct legal basis for extradition. The Socialist Republic of Viet Nam shall carry out extradition in accordance with the provisions of the Vietnamese law, on the basis of treaties on extradition and the principle of reciprocity.”

Declaration:

"To defend the Homeland is the sacred duty and right of all citizens. Citizens have the obligation to fulfil military service and participate in building the all-people national defense.
Under the law of the Socialist Republic of Vietnam, only male citizens at the age of 18 and over shall be recruited in the military service. Those who are under the age of 18 shall not be directly involved in military battles unless there is an urgent need for safeguarding national independence, sovereignty, unity and territorial integrity.
Male citizens up to the age of 17 who wish to make a long-term service in the army may be admitted to military schools. Voluntary recruitment to military schools shall be ensured by measures which, inter alia, include:
- The Law on Military Duty and other regulations on the recruitment to military schools are widely disseminated through mass media;
- Those who wish to study at a military school shall, on the voluntary basis, file their application, participate in and pass competitive examinations; they shall submit their birth certificates provided by the local authority, their education records, secondary education diploma; they shall also undergo health check in order to ensure that they are physically qualified to study and serve the military."

Reservation and declaration:

"Acceding to this Convention, the Socialist Republic of Vietnam makes its reservation to paragraph 1 of Article 24 of the Convention.
The Socialist Republic of Vietnam also declares that the provisions of the Convention shall not be applied with regard to the offences set forth in the following treaties to which the Socialist Republic of Vietnam is not a party:
- Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980; "

Reservation:

“[T]he Socialist Republic of Viet Nam does not consider itself bound by the provisions of paragraph 1 of Article 20 of this Convention.”
Declaration:

“1. The Socialist Republic of Viet Nam declares that the provisions of the International Convention for the Suppression of Terrorist Bombings are non-self-executing in Viet Nam. The Socialist Republic of Viet Nam shall duly implement the provisions of the Convention through multilateral and bilateral mechanisms, specific provisions in its domestic laws and regulations and on the basis of the principle of reciprocity.
2. The Socialist Republic of Viet Nam, pursuant to Article 9 of this Convention, declares that it shaII not take this Convention as the direct legal basis for extradition. The Socialist Republic of Viet Nam shalI carry out extradition in accordance with the provisions of its domestic laws and regulations, on the basis of treaties on extradition and the principle of reciprocity.”

Reservation:

“The Socialist Republic of Viet Nam reserves the right to choose the appropriate means of dispute settlement notwithstanding the decision of the other party to the concerned dispute.”

Declaration:

“As a State Party to the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA), Viet Nam reaffirms that she always respects for the provisions of these treaties and implements her international commitments therein contained. Viet Nam has recognized that her accession to the said Agreement at this point of time is suitable with the current practice in Viet Nam for long-term conservation and sustainable use of living marine resources through effective implementation of the provisions of the Convention, at the same time ensures development of fishery sector of Viet Nam and promotes cooperation in fishery sector with countries in the region and in the world.
In that spirit, Viet Nam has enacted the Law on Fisheries in 2017 (effective since 1 January 2019) and is continuing to harmonize domestic legal regulations in conformity with the provisions of relevant treaties to which Viet Nam is a party, including UNSFA.
Viet Nam calls for technical assistance from State Parties to this Agreement and relevant international organizations with an aim to enhancing capacity and sharing experiences in the assessment of straddling fish stocks and highly migratory fish stocks.”

Reservation:

“[The Government of Viet Nam declares its reservation to] article 32, paragraphs 2 and 3 on Dispute settlement of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.”

Declarations:

“The Socialist Republic of Viet Nam declares, in accordance with article 28 paragraph 1, that it does not recognize the competence of the Committee provided for in article 20, and in accordance with article 30, paragraph 2, that it does not consider itself bound by article 30, paragraph 1.
The Socialist Republic of Viet Nam does not consider the Convention as the direct legal basis for extradition in respect of the offences referred to in Article 4 of the Convention. Extradition shall be decided on the basis of extradition treaties to which Viet Nam is a party or the principle of reciprocity, and shall be in accordance with Vietnamese laws and regulations.”

Declarations:

The Socialist Republic of Vietnam, by ratifying the 1982 UN Convention on the Law of the Sea, expresses its determination to join the international community in the establishment of an equitable legal order and in the promotion of maritime development and cooperation.
The National Assembly reaffirms the sovereignty of the Socialist Republic of Vietnam over its internal waters and territorial sea; the sovereign rights and jurisdiction in the contiguous zone, the exclusive economic zone and the continental shelf of Vietnam, based on the provisions of the Convention and principles of international law and calls on other countries to respect the above-said rights of Vietnam.
The National Assembly reiterates Vietnam's sovereignty over the Hoang Sa and Truong Sa archipelagoes and its position to settle those disputes relating to territorial claims as well as other disputes in the Eastern Sea through peaceful negotiations in the spirit of equality, mutual respect and understanding, and with due respect of international law, particularly the 1982 UN Convention on the Law of the Sea, and of the sovereign rights and jurisdiction of the coastal states over their respective continental shelves and exclusive economic zones; the concerned parties should, while exerting active efforts to promote negotiations for a fundamental and long-term solution, maintain stability on the basis of the status quo, refrain from any act that may further complicate the situation and from the use of force or threat of force.
The National Assembly emphasizes that it is necessary to identify between the settlement of dispute over the Hoang Sa and Truong Sa archipelagoes and the defense of the continental shelf and maritime zones falling under Vietnam's sovereignty, rights and jurisdiction, based on the principles and standards and specified in the 1982 UN Convention on the Law of the Sea.
The National Assembly entitles the National Assembly's Standing Committee and the Government to review all relevant national legislation to consider necessary amendments in conformity with the 1982 UN Convention on the Law of the Sea, and to safeguard the interest of Vietnam.
The National Assembly authorizes the Government to undertake effective measures for the management and defense of the continental shelf and maritime zones of Vietnam.

Declaration:

“In accordance with Article 12 and Article 96 of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, the Socialist Republic of Viet Nam makes the following declaration:
Any provision of Article 11, Article 29, or Part II of the Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in Viet Nam.”

Reservation:

In implementing this Convention, the Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 article 29.

Reservation:

“[T]he Socialist Republic of Viet Nam does not consider itself bound by the provisions of paragraph 1 of Article 16 of this Convention.”
Declaration:

“1. The Socialist Republic of Viet Nam declares that the provisions of the International Convention against the Taking of Hostages are non-self-executing in Viet Nam. The Socialist Republic of Viet Nam shall duly implement the provisions of the Convention through multilateral and bilateral mechanisms, specific provisions in its domestic laws and regulations and on the basis of the principle of reciprocity.
2. The Socialist Republic of Viet Nam, pursuant to Article 10 of this Convention, declares that it shaII not take this Convention as the direct legal basis for extradition. The Socialist Republic of Viet Nam shalI carry out extradition in accordance with the provisions of its domestic laws and regulations, on the basis of treaties on extradition and the principle of reciprocity.”

Reservation:

“[The Government of Viet Nam declares its reservation to] article 48, paragraph 2 on Dispute settlement of the Single Convention on Narcotic Drugs, 1961.”

Adhering to this Convention, the Government of the Socialist Republic of Viet Nam deems it necessary to stress that the absolute inviolability privilege accorded the offices and residences of the representations of member States at International Organizations has been established as a principle in the practice of international law and therefore must be strictly observed by all States.

Reservation:

"Acceding to this Convention, the Socialist Republic of Viet Nam makes its reservation to paragraph 1 of article 13 of the Convention."

Reservation:
“[The Government of Viet Nam declares its reservation to] article 31, paragraph 2 on Dispute settlement of the Convention on Psychotropic Substances, 1971.”

Reservation:

“Acceeding to this Convention, the Socialist Republic of Vietnam makes its reservation to article 66 of the said Convention.”

The Government of the Socialist Republic of Viet Nam deems it necessary to state in accordance with the principle of sovereign equality of States that the Convention should be open to all States without any discrimination and limitation.

Reservation:

Pursuant to Article 46, paragraph 1 of the Convention, the Socialist Republic of Viet Nam declares that it does not consider itself bound by Article 44 of the Convention.

Reservation:

“Pursuant to Article 54, paragraph 1 of the Convention, the Socialist Republic of Viet Nam declares that it does not consider itself bound by Article 52 of the Convention.”

[See chapter IV.3.]

Declaration:

That the provisions of article 48, paragraph 1, of the International Covenant on Civil and Political Rights, and article 26, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, under which a number of States are deprived of the opportunity to become parties to the Covenants, are of a discriminatory nature. The Government of the Socialist Republic of Viet Nam considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States without any discrimination or limitation.

Declaration:

(1) The Government of the Socialist Republic of Viet Nam declares that the provisions of article 17 (1) and of article 18 (1) of the Convention whereby a number of States are deprived of the opportunity of becoming Parties to the said Convention are of a discriminatory nature and it considers that, in accordance with the principle of the sovereign equality of States, the Convention should be open to participation by all States without discrimination or restriction of any kind.
Reservation:

(2) The Government of the Socialist Republic of Viet Nam does not consider itself bound by the provisions of article 22 of the Convention and holds that, for any dispute with regard to the interpretation or application of the Convention to be brought before the International Court of Justice, the consent of all parties to the dispute is necessary. (The reservation was circulated by the Secretary-General on 10 August 1982.)

Reservation:

The Socialist Republic of Viet Nam shall not accord to the consular posts headed by the honorary consular officers the right to employ diplomatic, consular couriers, diplomatic and consular bags or messages in code or cipher; or to other governments, their diplomatic missions or consular posts headed by the honorary consular officers, unless the Government of the Socialist Re public of Vietnam may give express consent thereto in a particular case.

Declaration:

"The Socialist Republic of Vietnam, pursuant to Article 16 (1) of that Convention, declares that the Socialist Republic of Vietnam does not consider itself bound by the provisions of Article 12 and item (d) of Article 13 of that Convention."

1. The degrees of privileges and immunities accorded the administrative and technical staff and the members of their families as stipulated in paragraph 2, article 37 of the Convention should be agreed upon in detail by the concerned States;
2. The provisions of articles 48 and 50 of the Convention are of a discriminatory character, which is not in accordance with the principle of equality of the sovereignty among States and limits the universality of the Convention. The Government of the Socialist Republic of Viet Nam, therefore, holds the view that all States have the right to adhere to the said Convention.

Declarations:

1. [The Socialist Republic of Viet Nam] considers the Convention to be applicable to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State. With respect to arbitral awards made in the territories of non-contracting States, it will apply the Convention on the basis of reciprocity.
2. The Convention will be applied only to differences arising out of legal relationships which are considered as commercial under the laws of Viet Nam.
3. Interpretation of the Convention before the Vietnamese Courts or competent authorities should be made in accordance with the Constitution and the law of Viet Nam.

Declaration:

“According to Article 1.5 of the Agreement, the Government of the Socialist Republic of Viet Nam declares that it is not bound by any Regulations annexed to the Agreement.”
Reservation:

“In accordance with Article 11 of the Agreement, the Government of the Socialist Republic of Viet Nam declares that it is not bound by Paragraph[s] 2 and 3 of Article 10 of the Agreement.”

1. The Socialist Republic of Viet Nam does not consider itself bound by article IX of the Convention which provides the jurisdiction of the International Court of Justice in solving disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the Convention at the request of any of the parties to disputes. The Socialist Republic of Viet Nam is of the view that, regarding the jurisdiction of the International Court of Justice in solving disputes referred to in article IX of the Convention, the consent of the parties to the disputes except the criminals is diametrically necessary for the submission of a given dispute to the International Court of Justice for decision.
2. The Socialist Republic of Viet Nam does not accept article XII of the Convention and considers that all provisions of the Convention should also extend to Non-Self-Governing Territories, including Trust Territories.
3. The Socialist Republic of Viet Nam considers that article XI is of a discriminatory nature, depriving a number of States of the opportunity to become parties to the Convention, and holds that the Convention should be open for accession by all States.

In accepting the Convention on the International Maritime Organization, the Socialist Republic of Vietnam states to support the purposes of the said Organization as defined in article 1 of the Convention. On the basis of state sovereignty and proceeding from its foreign Policy of peace, friendship, co-operation, the Socialist Republic of Vietnam will take into consideration the recommendations relating to the subject as provided in article 1 (b) of the Convention and relating amendments which may arise.