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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.28/2005/QD-TTg
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Hanoi,
February 01, 2005
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DECISION
ISSUING THE REGULATION ON UNIFIED MANAGEMENT OF EXTERNAL
ACTIVITIES OF THE PROVINCES AND CENTRALLY-RUN CITIES
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Law on Organization of the People’s Councils and People’s Committees
dated November 26, 2003;
Pursuant to the Governments Working Regulation issued together with its Decree
No. 23/2003/ND-CP dated March 12, 2003;
At the proposal of the Minister of Foreign Affairs,
DECIDES:
Article 1. To
issue together with this Decision the Regulation on unified management of
external activities of the provinces and centrally-run cities.
Article 2. This
Decision takes effect 15 days after its publication in the Official Gazette.
Article 3.
The ministers, the heads of the ministerial-level agencies, the heads of the
Government-attached agencies and the presidents of the provincial/municipal
People's Committees shall have to implement this Decision.
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PRIME MINISTER
Phan Van Khai
REGULATION
ON UNIFIED MANAGEMENT OF EXTERNAL ACTIVITIES OF THE
PROVINCES AND CENTRALLY-RUN CITIES
(Issued together with the Prime Ministers Decision No. 28/2005/QD-TTg dated
February 1, 2005)
Chapter I
GENERAL PROVISIONS
Article 1.
Governing scope
This Regulation provides for the unified management
of external activities of the provinces and centrally- run cities (hereinafter
referred collectively to as provinces).
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External activities prescribed in this
Regulation cover the following contents:
1. Political, economic, cultural, educational,
medical, physical training and sports exchange activities with foreign
countries.
2. Management of delegations on overseas working
trips (outgoing delegations) and reception of foreign and international
delegations into Vietnam (incoming delegations).
3. Conclusion and implementation of
international agreements.
4. Organization of international conferences and
symposiums.
5. Reception of orders, medals or other titles
bestowed by foreign organizations or individuals or international
organizations.
6. External activities related to the
territorial borders; settlement of complicated circumstances in relations with
foreign countries.
7. External economic relations, including the
reception of foreign projects.
8. Summing-up of the external propagation
situation and information.
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10. Fostering of professional external
operations.
Article 3.
External activity principles
1. Ensuring the Party's pertinent leadership and
the State’s unified management and administration over the external activities
of localities as well as the harmonious coordination between the local and
central authorities, with a view to contributing to the effective realization
of the Party's external lines and the State's external policy.
2. Coordinating closely political, economic,
defense and security information with external information in provinces.
3. Decentralizing and assigning tasks clearly,
heightening responsibilities and active role of local branches and
administrations in the performance of assigned functions and tasks related to
external relations, ensuring coordination and strict
inspection as well as supervision.
4. External activities shall be conducted
according to the approved annual programs, strictly complying with the
reporting and consultation regimes prescribed by law.
Chapter II
COMPETENCE AND
PROCEDURES TO DECIDE ON EXTERNAL ACTIVITIES
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1. The Prime Minister shall decide to approve
the annual external activity programs of provincial People's Committees, which
cover the following specific contents:
a) Overseas working trips of provincial People's
Committee presidents;
b) The reception of foreign high-ranking delegations
of ministerial, mayoral or higher level into Vietnam at invitations of the
provincial People's Committees;
c) The organization of international conferences
or symposiums by provincial People's Committees according to the provisions of
Clause 1, Article 3 of the Prime Minister's Decision No. 122/2001/QD-TTg dated
August 21, 2001 on organization and management of international conferences and
symposiums in Vietnam;
d) The conclusion and implementation of international
agreements by provincial People's Committees according to the provisions of
Clause 2, Article 4 of the Government's Decree No. 20/2002/ND-CP dated February
20, 2002 on the conclusion and implementation of international agreements by
provinces and centrally-run cities, socio-political organizations, social
organizations and socio-professional organizations of the Socialist Republic of
Vietnam;
e) The reception of foreign orders, medals and
other titles by provincial People's Council chairmen and provincial People's
Committee presidents.
f) Other external activities falling under
deciding competence of the Prime Minister as currently prescribed by law.
2. The provincial People's Committee presidents
shall decide by themselves on, and take self-responsibility for, external
activities of their respective localities, including:
a) The sending of officials under their
management for overseas working mission according to the provisions of Clauses
2 and 3, Article 15 of the Government's Decree No. 05/2000/ND-CP dated March 3,
2000 on Vietnamese citizens' entry and exit;
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c) The organization of international conferences
and symposiums according to the provisions of Clause 2, Article 3 of the Prime
Minister's Decision No. 122/2001/QD-TTg dated August 21, 2001 on organization
and management of international conferences and symposiums in Vietnam;
d) The conclusion and implementation of
international agreements according to the provisions of Clause 1, Article 4 of
the Government's Decree No. 20/2002/ND-CP dated February 20, 2002 on the
conclusion and implementation of international agreements by provinces and centrally-run
cities, socio-political
organizations, social organizations and
socio-professional organizations of the Socialist Republic of Vietnam;
e) The reception, conclusion and execution of
projects of foreign non-governmental organizations and individuals, based on
the Regulation on management and use of foreign non-governmental aids, issued
together with the Prime Minister's Decision No. 64/2001/QD-TTg dated April 26,
2001 and other relevant law provisions.
f) The reception of orders, medals and other
titles bestowed by foreign organizations or individuals or international
organizations to officials or employees in State agencies, organizations or
enterprises under their management.
3. The provincial People's Committee presidents
may authorize the heads of the provincial services, departments or branches to
decide on the matters mentioned in Clause 2 of this Article. The authorization
must be made in writing, clearly identifying the authorization scope,
signatures of the authorized and introducing seals. The written authorizations
shall be sent to the Ministry of Public Security, the Ministry of Foreign
Affairs and the Ministry of Home Affairs.
4. The provincial People's Committee presidents
shall take initiative in deciding on external activities arising under their
competence and should consult with the Prime Minister, the Ministry of Foreign
Affairs and other ministries and agencies in external activities related to
sensitive and complicated issues such as religion, nationality and external
relations with a number of special foreign parties.
5. Overseas working trips of provincial People's
Council chairmen shall comply with the provisions of Clause 2, Article 42 of
the Government's Working Regulation issued together with its Decree No.
23/2003/ND-CP dated March 12, 2003.
Article 5.
Elaboration and approval of external activity programs
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2. The provincial People's Committees shall have
to send draft external activity programs to the Ministry of Foreign Affairs
before November 5 annually. The Ministry of Foreign Affairs shall integrate
external activity programs of all provinces and submit them to the Prime
Minister for approval before the end of November annually at the latest.
3. The contents of the provincial People's
Committees' external activity programs submitted through the Ministry of
Foreign Affairs to the Prime Minister for approval shall be based on Clause 1,
Article 4 of this Regulation.
4. With regard to the amendment and/or
supplementation of the approved external activity programs, the provincial
People's Committee presidents shall:
a) Submit to the Prime Minister for approval
external activities prescribed in Clause 1, Article 4 of this Regulation;
b) Take initiative in deciding on external
activities falling under their competence according to the provisions of Clause
2, Article 4 of this Regulation.
Article 6.
Implementation of approved external activity programs
The provincial People's Committees shall take
initiative in implementing the annual external activity programs already
approved by the Prime Minister. As for incoming and outgoing delegations
defined in Clause 1, Article 4 of this Regulation, the provincial People's
Committee presidents should notify the Ministry of Foreign Affairs of the
detailed implementation plans 2 weeks before the implementation so that the
latter may give its latest comments. In particular cases that require plan
changes, the Ministry of Foreign Affairs shall submit them to the Prime
Minister for decision.
Chapter III
CONDUCTING SPECIFIC
EXTERNAL ACTIVITIES
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The provincial People's Committees shall have to
monitor and manage overseas trips of officials and employees under their
management; guide outgoing delegations to contact and consult the relevant
domestic agencies as well as overseas Vietnamese representative offices before
and during their working duration overseas; promptly coordinate with the
Ministry of Foreign Affairs and
concerned agencies in handling sensitive and
complicated issues arising during their working time overseas.
Article 8.
Organization and management of international delegations visiting localities
1. The provincial People's Committees shall have
to work out detailed plans for, and closely coordinate with the Ministry of
Foreign Affairs as well as concerned ministries and branches in, receiving
international delegations to visit their respective localities.
2. The provincial People's Committees shall take
initiative in implementing the reception plans; monitor, list and, via the
Ministry of Foreign Affairs, report to the Prime Minister activities of
international delegations in their respective localities.
Article 9.
External activities related to national territorial borders
Those provinces with national territorial
borders shall have to study, review and assess the situation of border management
and directly coordinate with the Ministry of Foreign Affairs and concerned
ministries and branches in all activities related to national borders according
to law provisions on management of national borders.
Article 10. External
activities related to overseas Vietnamese-related work
The provincial People's Committees shall have to
direct the study and evaluation of overseas Vietnamese-related work in their
respective localities, coordinate with the Committee for Overseas Vietnamese
(the Ministry of Foreign Affairs) in proposing and adopting policies on this
work; directly involve in supporting, guiding, agitating and mobilizing people
to implement and implementing policies towards overseas Vietnamese and their
relatives having relations with the localities.
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The provincial People's Committees shall have to
guide and manage activities of foreign individuals and organizations in their
localities; protect, support and guide them to comply with the provisions of
Vietnamese laws related to their business, life, study, work, tourism, trade
and investment in Vietnam; and handle arising circumstances related to foreign
individuals or organizations.
Article 12.
Summing-up of external propagation situation and information
1. The provincial People's Committees shall
assign the provincial agencies for foreign affairs as well as concerned
services, departments and branches to directly or jointly with the central
agencies gather, analyze and sum up information on international and regional
political, security and economic situation that affect their respective
localities and information on external activities of the provinces, then report
thereon and propose to the provincial People's Committee presidents
orientations and solutions thereto.
2. The provincial People's Committees shall
perform the work of external propagation and information on the basis of the
Prime Minister's Directive No. 10/2000/CT-TTg dated April 26, 2000 on enhancing
the management of and stepping up the external information work, and relevant
legal documents.
3. The provincial People's Committees shall have
to exchange opinions and coordinate with the Ministry of Foreign Affairs and
concerned agencies in receiving foreign news agencies and correspondents, that
visits their localities and/or interview local Party and administration
leaders.
Article 13.
External economic activities
1. The provincial People's Committee presidents
shall be answerable to the Prime Minister for all external economic activities
in their respective provinces.
2. The provincial People's Committees shall have
to grasp domestic and foreign economic situation that affect their localities;
take responsibility for selecting foreign partners and, in case of necessity,
propose the Ministry of Foreign Affairs and the concerned agencies to assist in
verifying such partners; directly involve in trade, investment and tourism
promotion, and take initiative in building an investment environment suitable
with the local particularities.
3. The provincial People's Committees shall have
to consult with the concerned ministries, branches and agencies on particular
and complicated external economic issues before submitting them to the Prime
Minister.
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The provincial People's Committees shall
strictly abide by current law provisions on organization of international conferences
and symposiums, the conclusion and implementation of international agreements
as well as the reception of foreign aid projects as prescribed in Clause 2,
Article 4 of this Regulation. With regard to arising matters related to
external politics, the provincial People's Committees should consult with the
Ministry of Foreign Affairs and the Party Central Committee's Commission for
External Relations.
Article 15.
Fostering of professional external operations
The provincial People's Committees shall have to
work out programs on fostering of professional external operation skills and
knowledge in their respective localities; coordinate with the Ministry of
Foreign Affairs in training contingents of local cadres specialized in external
operations.
Article 16. Reporting
on the situation of external activities
1. Biannually, annually and in unforeseen
circumstances, the provincial People's Committees shall have to send reports on
their respective localities' external activities to the Ministry of Foreign
Affairs for sum-up reports to the Prime Minister. The said periodical reports
must be sent to the Ministry of Foreign Affairs before June 1 (for biannual
reports) and before December 1 (for
annual reports) for the latter to make sum-up
reports to the Prime Minister.
2. Upon the end of every external activity in
their localities, the provincial People's Committees shall have to report it to
the competent authorities for decision, concurrently notify the results to the
Ministry of Foreign Affairs and the concerned agencies and propose the
provinces' undertakings and solutions to relevant issues.
Chapter IV
IMPLEMENTATION
ORGANIZATION
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1. The Ministry of Foreign Affairs shall assume the
prime responsibility for, and coordinate with the concerned ministries and
branches in, directing, guiding and inspecting localities in the implementation
of this Regulation.
2. The ministries, ministerial-level agencies
and Government-attached agencies shall, within the ambit of their functions and
tasks, have to guide and direct the provincial People's Committees in working
out and efficiently implementing the local programs on external activities.
3. The provincial People's Committees shall,
based on this Regulation, elaborate regulations on organization of external
activities in their localities.
4. Pursuant to Article 9 of Decree No.
171/2004/ND-CP dated September 29, 2004 providing for the organization of
specialized agencies under the provincial/ municipal People's Committees, the
provincial People's Committees shall take initiative in arranging
organizational apparatus of the provincial agencies for foreign affairs and
assign these agencies to perform the external relation tasks of localities.
Article 18.
Implementation provision
If meeting with any problem or difficulty in the
course of implementing this Regulation, the provincial People's Committees
should promptly report it to the Ministry of Foreign Affairs for sum-up report
to the Prime Minister for consideration and decision.
All previous regulations contrary to this
Regulation are hereby annulled.