|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
08/2003/ND-CP
|
Hanoi,
February 10, 2003
|
DECREE
ON ACTIVITIES OF
FOREIGN-BASED REPRESENTATIONS MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM IN
SERVICE OF ECONOMIC DEVELOPMENT TASKS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the December 2, 1993 Ordinance on foreign-based representation
missions of the Socialist Republic of Vietnam;
In order to raise the effectiveness of activities of foreign-based
representation missions of the Socialist Republic of Vietnam in service of
economic development tasks (hereinafter referred to as economic service
activities for short), making these activities one of the Government’s measures
to promote trade, investment cooperation, development cooperation, scientific
and technological cooperation, tourism, labor, foreign exchange-earning
services; to protect the State’s interests, Vietnamese organizations’ and
individuals’ rights and legitimate interests in external economic activities;
At the proposal of the Foreign Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and
subjects of regulation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- Principles of
economic service activities of the representation missions.
1. Economic service activities of the
representation missions must be based on the requirements and objectives of
socio-economic development strategies and plans already approved by the
National Assembly and the Government, as well as specific requests of concerned
Vietnamese organizations and individuals.
2. Economic service activities of the
representation missions must comply with the provisions of the Vietnamese law,
the laws of the host countries or of the countries where the international
organizations are headquartered, and with the international agreements which
the Socialist Republic of Vietnam has signed or acceded to.
3. Economic service activities of the
representation missions must bring into the fullest play the representation
missions’ advantages in terms of their organizational system and official
representation status in the host countries and international organizations.
Chapter II
CONTENTS OF ECONOMIC SERVICE ACTIVITIES OF
REPRESENTATION MISSIONS
Article 3.- Supply of
economic information
1. Collecting, analyzing, appraising and
supplying to Vietnamese organizations and individuals information on:
a/ The international economic situation and
international economic relations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Scientific and technological development
trends in the world, opportunities for technology absorption.
d/ Matters related to the international economic
integration process, the host countries’ experiences for participation and
activities in international and regional economic organizations.
2. Propagating and disseminating in the host
countries and international organizations Vietnam’s economy, culture, society,
country, scenic landscapes, investment and business opportunities and
environment by introducing:
a/ Vietnam’s lines, policies, laws,
socio-economic development strategies and plans.
b/ Vietnam’s economic, trade, investment,
scientific and technological, tourist and labor potentials and cooperation
opportunities.
c/ General information on Vietnam’s political,
economic, cultural and social situation.
d/ Cooperation capabilities and demands of the
ministries, branches, localities, enterprises and socio-economic
organizations,.
Article 4.- Creation of an
environment favorable for external economic activities
1. Implementing the State’s external relation
policies towards the host countries or international organizations, aiming to
strengthen and promote the friendly and cooperative relations, facilitate the
implementation of the external economic policies and the country’s
socio-economic development.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Proposing to the Government the negotiation
and signing of necessary international agreements with the host countries and
international organizations with a view to facilitating economic cooperation
relations.
Article 5.- Participation
in implementing external economic activities
In compatibility with the economic service tasks
or at the requests of concerned agencies, the representation missions shall carry
out the following activities:
1. Coordinating with the Ministry of Planning
and Investment and the Ministry for Foreign Affairs in mobilizing sources of
official development assistance (ODA) in the host countries and international
organizations in compliance with the plannings and plans on attraction and use
of ODA capital sources in each period.
2. Coordinating with the Ministry of Planning
and Investment in implementing programs on investment mobilization and
promotion, propagation on Vietnam’s foreign direct investment opportunities and
environment in the host countries in compliance with the State’s strategies,
policies and list of projects calling for foreign direct investment in each
period.
3. Coordinating with the Ministry of Trade in
seeking export markets and organizing trade promotion activities, fairs and
exhibitions in the host countries.
4. Coordinating with Vietnam National
Administration of Tourism in popularizing and propagating Vietnam’s tourist
potentials in the host countries.
5. Coordinating with the Ministry of Labor, War
Invalids and Social Affairs in searching for, opening up and establishing labor
export cooperation relations with the host countries and international
organizations.
6. Coordinating with other concerned agencies in
external economic activities according to law provisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The representation missions shall, on their own
initiative or at the specific requests of Vietnamese organizations and
individuals, have to:
1. Supply information on the markets, laws, and
business practices of foreign countries and partners.
2. Supply information on the capabilities,
mechanisms, policies and regulations of international organizations.
3. Support the establishment of relations with
foreign partners.
4. Support the implementation of trade
promotion, tourist, labor cooperation, and trade activities, the establishment
of scientific and technological, and training cooperation relations with
foreign partners.
Article 7.- Creation of
favorable conditions for the overseas Vietnamese community to contribute to the
national socio-economic development cause
1. Coordinating with the concerned agencies in
formulating, perfecting, and organizing the implementation of, the State’s policies
and laws in order to create a favorable legal environment for tapping economic
and knowledge potentials, and ensuring the rights and legitimate interests of
overseas Vietnamese investing in the country, contributing to the country’s
economic, social, scientific and technological development.
2. Proposing to the Government, the Ministry for
Foreign Affairs and concerned agencies policies and measures to create
favorable conditions for overseas Vietnamese people to earn a living and reside
permanently and stably in the host countries.
Article 8.- Protection of
the State’s interests, protection of rights and legitimate interests of
Vietnamese organizations and individuals in foreign countries
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter III
STATE MANAGEMENT OVER ECONOMIC SERVICE ACTIVITIES OF
REPRESENTATION MISSIONS
Article 9.- Tasks and
powers of the representation missions
The representation missions shall be responsible
for economic service activities in the geographical areas or international
organizations under their charge, having the following tasks and powers:
1. Uniformly managing economic service
activities in the geographical areas or international organizations under their
charge.
2. Managing Vietnamese delegations sent on
working trips abroad; working delegations of Vietnamese organizations and
individuals shall have to notify the representation missions in the destination
countries of their activity agendas and results.
3. Organizing the implementation of economic
service tasks assigned to them. The heads of the representation missions shall
have to direct the sections of the representation missions to coordinate with
one another in performing their tasks.
4. Sending periodical reports to the Ministry
for Foreign Affairs and concerned agencies on the situation of their economic
service activities and matters arising in economic activities carried out by
Vietnamese organizations and individuals in the geographical areas under their
charge.
5. Reporting in time matters and problems
arising in the course of implementation of their economic service activities
and proposing appropriate measures and remedies to the Government, the Ministry
for Foreign Affairs and concerned agencies at home.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Ministry for Foreign Affairs shall assume
the prime responsibility for assisting the Government in performing the
function of State management over economic service activities of the
representation missions, having the following tasks and powers:
1. Uniformly managing economic service
activities of the representation missions.
2. Coordinating with the concerned ministries
and branches in directing the implementation of economic service activities by
the representation missions.
3. Inspecting and supervising economic service
activities of the representation missions through assigning specific economic
service tasks thereto.
4. Periodically reporting and taking
responsibility to the Government for economic service activities of the
representation missions.
5. Periodically or unexpectedly (when necessary)
convening meetings with representatives of organizations and individuals to
evaluate economic service activities of the representation missions, and
discuss measures to promote these activities.
Article 11.- Tasks and
powers of the ministries, the agencies attached to the Government and the
People’s Committees of the provinces and centrally-run cities
1. The ministries, the agencies attached to the
Government and the People’s Committees of the provinces and centrally-run
cities shall, within the scope of their respective functions, tasks and powers,
have to coordinate with the Ministry for Foreign Affairs in economic service
activities of the representation missions, having the following concrete tasks:
a/ Coordinating with the Ministry for Foreign
Affairs in managing and directing public employees sent by themselves to work
at the representation missions, ensuring their implementation of the State’s
foreign relation lines and policies and laws and observance of the laws of the
host countries.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Coordinating with the Ministry for Foreign
Affairs in evaluating economic service activities of the representation
missions, proposing measures to boost diplomatic activities in service of
economic tasks, according to their respective State management functions.
2. The Ministry of Trade shall directly give
professional guidance to the trade sections at the representation missions. The
trade sections shall submit to the task assignment and external political
management by the heads of the representation missions; have to coordinate with
other sections in the representation missions in performing economic service
activities.
Article 12.- Rights and
obligations of Vietnamese organizations and individuals
Vietnamese organizations and individuals shall
be entitled to directly or through the Ministry for Foreign Affairs request the
representation missions to support their economic activities and shall have to
supply necessary information related to their requests to the representation
missions.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 13.- The fund in
support of economic service activities
The Ministry for Foreign Affairs shall
coordinate with the Ministry of Finance in studying and setting up a fund in
support of economic service activities along the direction of mobilizing
funding from various sources, then submit their proposal thereon to the Prime
Minister for consideration and decision.
Article 14.- Commendation
and reward
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- Handling of
violations
Organizations and individuals violating the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be handled according to law provisions.
Article 16.-
Implementation effect
1. This Decree takes effect 15 days after its
publication on the Official Gazette.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government,
and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai