|
MINISTRY OF
FOREIGN AFFAIRS OF VIETNAM
--------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 02/2026/TT-BNG
|
Hanoi, May 05, 2026
|
CIRCULAR
ON THE DECENTRALIZATION OF TASKS AND
POWERS TO UNITS AFFILIATED TO THE MINISTRY OF FOREIGN AFFAIRS IN CERTAIN AREAS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the
Criminal Code No. 101/2015/QH13 (amended by the Law No. 02/2021/QH15, Law No. 34/2024/QH15,
Law No. 59/2024/QH15, and Law No. 99/2025/QH15);
Pursuant to Law on
Vietnamese Nationality No. 24/2008/QH12 (amended by Law No. 56/2014/QH13 and
Law No. 79/2025/QH15);
Pursuant to the Law on
Adoption No. 52/2010/QH12;
Pursuant to the Law on
Civil Status No. 60/2014/QH13;
Pursuant to the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13
(amended by Law No. 51/2019/QH14 and Law No. 23/2023/QH15);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Pursuant to Law on
Vietnam Border Guard No. 66/2020/QH14 (amended by Law No. 98/2025/QH15);
Pursuant to the Law on
Law on International Agreements No. 70/2020/QH14;
Pursuant to Law on
Prevention and Combat of Human Trafficking No. 53/2024/QH15 (amended by Law No.
86/2025/QH15);
Pursuant to the Law on
Promulgation of Legislative Documents No. 64/2025/QH15 amended by the Law No.
87/2025/QH15;
Pursuant to Decree No. 140/2004/ND-CP
of the Government elaborating some articles of the Law on National Border;
Pursuant to the Decree
No. 112/2014/ND-CP of the Government on management of land border gates
(amended by Decree No. 34/2023/ND-CP and Decree No. 299/2025/ND-CP);
Pursuant to Decree No.
23/2015/ND-CP of the Government on issuance of copies from master registers,
certification of true copies from originals, authentication of signatures and
contracts (amended by Decree No. 280/2025/ND-CP and Decree No. 18/2026/ND-CP);
Pursuant to Decree No.
64/2015/ND-CP of the Government on cooperation mechanism among Ministries,
ministerial authorities, and People’s Committees of provinces and cities in the
management of the entry, exit, transit and residence of foreigners in Vietnam;
Pursuant to Decree No.
123/2015/ND-CP dated November 15, 2015 of the Government elaborating some
articles of the Law on Civil Status (amended by Decree No. 87/2020/ND-CP,
Decree No. 104/2022/ND-CP, Decree No. 07/2025/ND-CP, and Decree No.
18/2026/ND-CP);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Pursuant to Decree No.
112/2021/ND-CP of the Government elaborating some articles of the Law on
Vietnamese Guest Workers (amended by Decree No. 372/2025/ND-CP);
Pursuant to Decree No.
26/2022/ND-CP of the Government on foreign honorary consuls in Vietnam;
Pursuant to Decree No. 58/2022/ND-CP
of the Government on registration and management of operations of foreign
non-governmental organizations in Vietnam;
Pursuant to Decree No.
28/2025/ND-CP of the Government on functions, tasks, powers and organizational
structure of the Ministry of Foreign Affairs (amended by Decree No.
109/2025/ND-CP);
Pursuant to Decree No.
191/2025/ND-CP of the Government elaborating some articles and measures for
enforcement of Law on Vietnamese Nationality (amended by Decree No.
18/2026/ND-CP);
Pursuant to Decree No.
313/2025/ND-CP of the Government on management and use of non-refundable aid
not classified as Official Development Assistance of foreign agencies,
organizations, and individuals offered to Vietnam;
Pursuant to the
Decision No. 08/2024/QD-TTg of the Prime Minister on functions, tasks, powers
and organizational structure of the Diplomatic Academy of Vietnam affiliated to
the Ministry of Foreign Affairs;
At the request of the
head of the Law and International Treaties Department;
The Minister of Foreign
Affairs promulgates the Circular on the decentralization of tasks and powers to
units affiliated to the Ministry of Foreign Affairs in certain areas.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
GENERAL
REGULATIONS
Article
1. Scope
This Circular regulates
the decentralization of tasks and powers to units affiliated to the Ministry of
Foreign Affairs in the following areas: organizational structure; foreign
non-governmental organization affairs; border and territorial affairs; international
agreements; international treaties; promulgation of legislative documents;
nationality; civil status; entry, exit, transit and residence of foreigners;
notarization and authentication; adoption; foreign honorary consuls in Vietnam;
criminal procedures; prevention and combat against human trafficking;
Vietnamese guest workers.
Article
2. Principles for decentralization
1. Ensure the uniform
leadership of the Communist Party of Vietnam (hereinafter referred to as “CPV”)
and the centralized management of the State over foreign affairs; effectively
implement the foreign policy and guidelines of the CPV and the State in the
interests of the nation and people, and in service of the cause of national
construction and defense.
2. Comply with the
Constitution, principles and regulations on decentralization in the Law on
Government Organization No. 63/2025/QH15.
3. Ensure the consistency
with professional capacities of units; satisfy the objectives of simplifying administrative
procedures, reducing intermediary steps, minimizing implementation costs,
promoting the responsibility, autonomy and accountability of units and their
heads, and enhancing proactiveness and flexibility in the performance of
assigned tasks.
4. Ensure that the
implementation of treaties and international agreements is not disrupted and
that the fulfillment of international commitments of the Socialist Republic of
Vietnam is not adversely affected.
Chapter
II
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
3. Decentralization of authority regarding organizational structure
The Diplomatic Academy of
Vietnam shall have the authority to issue decisions on functions, tasks, powers
and organizational structure of specialized faculties of the Diplomatic Academy
of Vietnam as prescribed in clause 2, Article 3 of Decision No. 08/2024/QD-TTg
on functions, tasks, powers and organizational structure of the Diplomatic
Academy of Vietnam affiliated to the Ministry of Foreign Affairs.
Article
4. Decentralization of authority regarding foreign non-governmental
organization affairs
Department of Foreign
Affairs and Cultural Diplomacy shall have the authority to:
1. Participate in
supervising the implementation of aid provided by foreign non-governmental
organizations in accordance with aid commitments and activities registered by
such organizations with state competent authorities in accordance with clause
2, Article 30 of Decree No. 313/2025/ND-CP on management and use of non-refundable
aid that is not official development assistance provided by foreign
authorities, organizations and individuals to Vietnam.
2. Regularly provide
complete and up-to-date information on the issuance, extension, amendment of
registration certificates and operation of foreign non-governmental
organizations in order to mobilize and appraise aid provided by such
organizations in accordance with clause 3, Article 30 of Decree No.
313/2025/ND-CP.
3. Supervise and urge the implementation of inspection conclusions
as prescribed in clause 5, Article 22 of Decree No. 58/2022/ND-CP on
registration and management of operations of foreign non-governmental
organizations in Vietnam.
Article
5. Decentralization of authority regarding border and territorial affairs
National Border Committee
shall have the authority to:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Provide training and guidelines to core and specialized
forces performing border guard tasks on border external affairs and handling of
border-related matters in accordance with clauses 2 and 5, Article 30 of the
Law on the Vietnam Border Guard No. 66/2020/QH14.
3. Receive applications for opening or upgrading of international
border gates and main border gates (bilateral border gates) in accordance with
point c, clause 1, Article 20 of Decree No. 112/2014/ND-CP on management of
land border gates (amended by Decree No. 34/2023/ND-CP and Decree No.
299/2025/ND-CP).
4. Provide and exchange
with the Ministry of National Defense information and documents concerning the
CPV’s guidelines and policies, and the State’s policies and laws within
assigned responsibility related to border guard tasks in accordance with applicable
laws; and information on international treaties to which the Socialist Republic
of Vietnam is a party that are relevant to border guard tasks in accordance
with clause 2, Article 8 of Decree No. 106/2021/ND-CP elaborating some articles
of the Law on the Vietnam Border Guard (amended by Decree No. 299/2025/ND-CP).
Article
6. Decentralization of authority regarding international agreements
Law and International
Treaties Department shall have the authority to:
1. Organize the reproduction and publication of international
agreements signed by, or proposed for signature by the Ministry of Foreign
Affairs in cases where such agreements are concluded in the name of the State,
the National Assembly or the Government, except where publication is not
permitted under the agreement between the Vietnamese signatory and the foreign
signatory, or in accordance with a decision of a state competent authority as prescribed
in clause 3, Article 42 of the Law on International Agreements No. 70/2020/QH14.
2. Supervise and urge the implementation of international
agreements concluded in the name of a department affiliated to the Ministry of
Foreign Affairs in accordance with clause 4, Article 42 of the Law No.
70/2020/QH14.
3. Summarize statistics on concluded international agreements
in accordance with clause 2, Article 44 of the Law No. 70/2020/QH14.
4. Disseminate and provide legal education on international agreements
in accordance with clause 4, Article 46 of the Law No. 70/2020/QH14.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
7. Decentralization of authority regarding international treaties
1. Consular Department
shall examine international treaties prescribed in clause 1, Article 18; clause
2, Article 41; and point a, clause 3, Article 54 of the Law on International Treaties
No. 108/2016/QH13 (amended by Law No. 137/2025/QH15) with respect to
international treaties on mutual legal assistance, extradition, transfer of
sentenced persons, entry and exit and residence of Vietnamese citizens and
foreigners, except for international treaties for which the Ministry of Foreign
Affairs propose for the conclusion.
2. Law and International
Treaties Department shall examine international treaties prescribed in clause 1,
Article 18; clause 2, Article 41; and point a, clause 3, Article 54 of the Law
No. 108/2016/QH13 (amended by Law No. 137/2025/QH15), except for international
treaties within authority of Consular Department prescribed in clause 1 of this
Article, and cases of inspection of international treaties regarding border,
territory, national defense and security.
Article
8. Decentralization of authority regarding issuance of legislative documents
Units affiliated to the Ministry
of Foreign Affairs shall provide written appraisal opinions on policies in
laws, resolutions of the National Assembly, ordinances of the Standing
Committee of the National Assembly; on draft laws and other draft legislative
documents in accordance with laws on promulgation of legislative documents with
respect to legislative documents within their responsibility as assigned by the
Minister of Foreign Affairs.
Article
9. Decentralization of authority regarding nationality
Consular Department shall have
the authority to:
1. Direct and provide guidelines for overseas Vietnamese
representative missions in uniform implementation of legislative documents on
nationality as prescribed in point a, clause 1, Article 34 of Decree No.
191/2025/ND-CP elaborating some articles and measures for implementation of the
Law on Vietnamese Nationality (amended by Decree No. 18/2026/ND-CP).
2. Direct overseas Vietnamese representative missions in
updating, evaluating and using the Nationality Database in accordance with point
b, clause 1, Article 34 of Decree No. 191/2025/ND-CP (amended by Decree No.
18/2026/ND-CP).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Provide professional training on nationality-related affairs
for diplomatic and consular public employees in accordance with point d, clause
1, Article 34 of Decree No. 191/2025/ND-CP (amended by Decree No. 18/2026/ND-CP).
5. Direct overseas Vietnamese representative missions to
regularly update information regarding laws on nationality of foreign countries
for performing state management and resolving nationality-related matters in
accordance with point e, clause 1, Article 34 of Decree No. 191/2025/ND-CP
(amended by Decree No. 18/2026/ND-CP).
6. Revoke documents related to Vietnamese nationality that have
been issued by overseas Vietnamese representative missions against the laws as prescribed
in point h, clause 1, Article 34 of Decree No. 191/2025/ND-CP (amended by
Decree No. 18/2026/ND-CP).
7. Summarize information and statistics on nationality-related
matters resolved by overseas Vietnamese representative missions, and submit
such information and statistics to the Ministry of Justice in accordance with
point i, clause 1, Article 34 of Decree No. 191/2025/ND-CP (amended by Decree
No. 18/2026/ND-CP).
Article
10. Decentralization of authority regarding civil status
Consular Department shall
have the authority to:
1. Provide guidelines, direct and inspect the registration and
management of civil status affairs at overseas Vietnamese representative
missions in accordance with point a, clause 1, Article 67 of the Law on Civil
Status No. 60/2014/QH13.
2. Provide professional training on civil status affairs for
diplomatic and consular public employees in accordance with point b, clause 1,
Article 67 of the Law No. 60/2014/QH13.
3. Establish civil status registers for managing the civil
status information of Vietnamese citizens registered at overseas Vietnamese
representative missions and for issuing copies of civil status extracts in
accordance with Article 55; point c, clause 1, Article 67 of the Law No.
60/2014/QH13.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Summarize information and statistics on civil status affairs
sent by overseas Vietnamese representative missions to the Ministry of Justice
in accordance with point dd, clause 1, Article 67 of the Law No. 60/2014/QH13.
6. Notify the competent authority of the country of which the
deceased was a citizen in accordance with clause 4, Article 20 of Decree No.
123/2015/ND-CP elaborating some articles and measures for implementation of the
Law on Civil Status No. 60/2014/QH13 (amended by Decree No. 87/2020/ND-CP,
Decree No. 104/2022/ND-CP, Decree No. 07/2025/ND-CP, and Decree No.
18/2026/ND-CP).
7. Notify overseas Vietnamese representative missions to record
relevant annotation in civil status registers in accordance with point c,
clause 2, Article 39 of Decree No. 123/2015/ND-CP (amended by Decree No.
87/2020/ND-CP, Decree No. 104/2022/ND-CP, Decree No. 07/2025/ND-CP, and Decree
No. 18/2026/ND-CP).
Article
11. Decentralization of authority regarding entry, exit, transit and residence
of foreigners
Consular Department shall
have the authority to:
1. Direct overseas
Vietnamese visa-issuing authorities in implementing laws related to the entry,
exit, transit and residence of foreigners in Vietnam in accordance with clause
3, Article 48 of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam No. 47/2014/QH13 (amended by the Law No. 51/2019/QH14 and Law No.
23/2023/QH15).
2. Notify competent authorities of foreign countries of the form
of Vietnam’s international travel document issued to stateless persons residing
in Vietnam in accordance with point a, clause 2, Article 6 of Decree No.
64/2015/ND-CP on cooperation mechanisms among ministries, ministerial
authorities, and province-level People's Committees in management of the entry,
exit, transit, and residence of foreigners in Vietnam.
3. Receive international travel documents issued by competent
foreign authorities to stateless persons residing in their countries, and request
the Ministry of Public Security to provide opinions for responding to the
foreign party on approval of the entry, exit, transit, and residence in Vietnam
of persons holding such documents in accordance with point b, clause 2, Article
6 of Decree No. 64/2015/ND-CP.
Article
12. Decentralization of authority regarding notarization and authentication
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Decide on inspections
of the organization and notarial activities carried out by overseas diplomatic public
employees within its authority in accordance with clause 9, Article 23 of
Circular No. 05/2025/TT-BTP of the Minister of Justice elaborating some
articles and measures for implementation of the Law on Notarization.
2. Provide guidelines, direct and inspect authentication
activities at overseas Vietnamese representative missions in accordance with
point a, clause 1, Article 42 of Decree No. 23/2015/ND-CP on issuance of copies
from master registers, authentication of copies from originals, authentication
of signatures, and authentication of contracts and transactions (amended by
Decree No. 280/2025/ND-CP and Decree No. 18/2026/ND-CP).
3. Provide professional training on authentication for
diplomatic and consular public employees responsible for authentication affairs
at overseas Vietnamese representative missions in accordance with point b,
clause 1, Article 42 of Decree No. 23/2015/ND-CP (amended by Decree No. 280/2025/ND-CP
and Decree No. 18/2026/ND-CP).
4. Annually summarize information and statistics on
authentication conducted by overseas Vietnamese representative missions and
submit them to the Ministry of Justice for consolidation in accordance with
point c, clause 1, Article 42 of Decree No. 23/2015/ND-CP (amended by Decree
No. 280/2025/ND-CP and Decree No. 18/2026/ND-CP).
Article
13. Decentralization of authority regarding adoption
Consular Department shall
have the authority to:
1. Direct overseas Vietnamese
representative missions to implement necessary measures to protect Vietnamese
children adopted abroad in accordance with clause 1, Article 48 of the Law on
Adoption No. 52/2010/QH12.
2. Provide guidelines for
overseas Vietnamese representative missions in registering adoption cases in
accordance with clause 2, Article 48 of the Law No. 52/2010/QH12.
Article
14. Decentralization of authority regarding foreign honorary consuls in Vietnam
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Notify the honorary consular or the honorary consul of
information on a citizen of the sending State within the consular area who has
been arrested, detained pending trial, or held in custody in any form; inform
the person concerned of the rights to which they are entitled in accordance
with clause 3, Article 19 of Decree No. 26/2022/ND-CP on foreign honorary
consuls in Vietnam.
2. Notify the honorary consular or the honorary consul when a
citizen of the sending State dies within the consular area, or in cases where a
guardian is required in accordance with clause 4, Article 19 of Decree No.
26/2022/ND-CP.
3. Notify the honorary consular or the honorary consul when a
vessel flying the flag of the sending State is wrecked or stranded in the
territorial sea or internal waters of Vietnam, or when an aircraft or other means
of transport registered in the sending State is involved in an accident within
the territory of Vietnam in accordance with clause 5, Article 19 of Decree No.
26/2022/ND-CP.
Article
15. Decentralization of authority regarding criminal procedures
Consular Department and
Department of Foreign Affairs of Ho Chi Minh City shall have the authority to
notify the diplomatic mission of the country of which citizen has been detained
or arrested if the detained or arrested person is a foreigner in accordance with
Article 116 of the Criminal Procedures Code No. 101/2015/QH13 (amended by the
Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No.
99/2025/QH15).
Article
16. Decentralization of authority regarding prevention and combat against human
trafficking
Consular Department shall
have the authority to:
1. Direct and provide
guidelines for overseas Vietnamese representative missions to implement
anti-human trafficking activities, provide protection to victims and persons undergoing
victim identification who are Vietnamese citizens trafficked abroad; cooperate
with competent authorities of Vietnam and foreign countries in rescue,
reception, identification of victims, and repatriation of victims and persons
undergoing victim identification who are Vietnamese citizens in accordance with
clause 1, Article 54 of the Law on Prevention and Combat of Human Trafficking
No. 53/2024/QH15 (amended by the Law No. 86/2025/QH15).
2. Direct the cooperation with
representative missions of relevant countries and competent authorities of
Vietnam in arranging the repatriation of foreign victims to their home
countries in accordance with clause 2, Article 54 of the No. 53/2024/QH15
(amended by the Law No. 86/2025/QH15).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Consular Department shall
have the authority to:
1. Direct and provide guidelines for overseas Vietnamese representative
missions to carry out consular protection, protect rights and legitimate
interests of Vietnamese workers employed in the host country in accordance with
Vietnamese laws, laws of the host country, and international treaties to which
both Vietnam and the host country are parties in accordance with point a,
clause 2, Article 40 of Decree No. 112/2021/ND-CP elaborating some articles and
measures for implementation of the Law on Vietnamese Guest Workers (amended by
Decree No. 372/2025/ND-CP).
2. Direct and provide guidelines for overseas Vietnamese
representative missions to cooperate with relevant domestic authorities in
addressing issues arising in the host country that are related to Vietnamese
workers in accordance with point b, clause 2, Article 40 of Decree No.
112/2021/ND-CP (amended by Decree No. 372/2025/ND-CP).
3. Direct and provide guidelines for overseas Vietnamese
representative missions to evaluate and use information on Vietnamese workers employed
abroad in the Database System on Vietnamese Guest Workers in accordance with
point d, clause 2, Article 40 of Decree No. 112/2021/ND-CP (amended by Decree
No. 372/2025/ND-CP).
4. Direct and provide guidelines for overseas Vietnamese
representative missions to conduct communication, dissemination and education
activities on the State’s policies and laws concerning Vietnamese guest workers
in accordance with point dd, clause 2, Article 40 of Decree No. 112/2021/ND-CP (amended
by Decree No. 372/2025/ND-CP).
5. Direct and provide guidelines for overseas Vietnamese
representative missions to encourage Vietnamese guest workers whose contracts
are concluded after departure from Vietnam in accordance with point e, clause
2, Article 40 of Decree No. 112/2021/ND-CP (amended by Decree No.
372/2025/ND-CP).
Chapter
III
IMPLEMENTATION
CLAUSE
Article
18. Implementation
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Units to which
authority has been decentralized are accountable to the laws, the Ministry of
Foreign Affairs, and the Minister of Foreign Affairs for the results of
performing decentralized tasks and powers; shall annually report and evaluate
the implementation of such tasks and powers.
3. Law and International
Treaties Department is responsible for advising, supervising and urging the implementation,
as well as for summarizing and reporting to the Ministry of Foreign Affairs and
the Minister of Foreign Affairs on the status and results of the implementation
of tasks decentralized under this Circular.
Article
19. Effect
1. This Circular comes
into force from May 05, 2026.
2. In cases where
legislative documents prescribed in this Circular are amended, supplemented or
replaced but the authority of the Ministry of Foreign Affairs remains unchanged,
the decentralization shall comply with newer documents.
3. Authorities and units
shall report any issue arising during the implementation to the Ministry of
Foreign Affairs (Law and International Treaties Department) for research and
resolution./.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.