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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:
30/2003/QD-TTg
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Hanoi,
February 21, 2003
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DECISION
PROMULGATING THE
WORKING REGULATION OF THE GOVERNMENT DELEGATION FOR INTERNATIONAL
ECONOMIC-TRADE NEGOTIATIONS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Prime Minister’s Decision No. 116/1998/QD-TTg of July 8, 1998 on
the establishment of the Government Delegation for International Economic-Trade
Negotiations;
At the proposals of the chairman of the National Committee for International
Economic Cooperation, the Minister of Trade and the head of the Government
Delegation for Economic-Trade Negotiations,
DECIDES:
Article 1.- To promulgate
together with this Decision the Working Regulation of the Government Delegation
for International Economic-Trade Negotiations.
Article 2.- This Decision
takes effect 15 days after it is published on the Official Gazette.
Article 3.- The chairman of
the National Committee for International Economic Cooperation, the ministers
and the heads of the ministerial-level agencies, the heads of the agencies
attached to the Government, the head and members of the Government Delegation
for International Economic-Trade Negotiations shall have to implement this
Decision.
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PRIME MINISTER
Phan Van Khai
WORKING REGULATION
OF THE GOVERNMENT
DELEGATION FOR INTERNATIONAL ECONOMIC-TRADE NEGOTIATIONS
(Promulgated together with the Prime Minister’s Decision No. 30/2003/QD-TTg
of February 21, 2003)
Article 1.- Functions of
the Government Delegation for International Economic-Trade Negotiations
The Government Delegation for International
Economic-Trade Negotiations (hereinafter referred to as the Government
Negotiation Delegation for short) has the function of preparing for and
conducting negotiations for Vietnam’s accession to or signing of international
treaties on trade under the Prime Minister’s decisions, focussing in the
immediate future on negotiations for Vietnam’s admission to the World Trade
Organization (WTO).
Article 2.- Tasks of the
Government Negotiation Delegation
The Government Negotiation Delegation shall
perform the following tasks:
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2. To prepare for and conduct negotiations within
the framework of negotiation plans already approved by the Prime Minister;
3. To make sum-up reports on results of the
already conducted negotiations and to propose subsequent works to be done;
4. To coordinate with the ministries and
branches in coordinating specialized plans in service of the work of
negotiation and realization of negotiation results after such plans are
considered and decided by the Prime Minister;
5. To prepare documents on recognizing
negotiation results;
6. To carry out other works under the direction
of the Prime Minister and the chairman of the National Committee for
International Economic Cooperation (hereinafter referred to as the Committee
for short).
Article 3.- The
organizational structure of the Government Negotiation Delegation
The Government Negotiation Delegation is
composed of: The head, deputy heads, members, technical assistance group and
secretariat.
Article 4.- The head of the
Government Negotiation Delegation
The head of the Government Negotiation
Delegation, who is a Vice Minister of Trade, and concurrently the general
secretary of the Committee, shall be appointed by the Prime Minister and
answerable to the Prime Minister for preparing for and conducting negotiations.
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1. To direct the formulation and organize the
implementation of annual working plans of the Government Negotiation
Delegation;
2. To organize and assign tasks to the members
of the Government Negotiation Delegation, then submit them to the Committee’s
chairman for approval;
3. To sum up plans and direct negotiation modes
on the basis of negotiation plans already approved by the Prime Minister;
4. To administer the negotiation, act as the
official spokesman of the Negotiation Delegation and take responsibility for
the negotiation work;
5. To request the concerned ministries, branches
and/or agencies to prepare and supply necessary documents in service of the
negotiations according to the schedule;
6. To report to the Prime Minister and the
Committee’s chairman on the results of negotiation sessions, and suggest
subsequent works to be implemented;
7. To comment on the work performance by the
members of the Government Negotiation Delegation.
Article 5.- The
deputy-heads of the Government Negotiation Delegation
The deputy-heads of the Government Negotiation
Delegation, who are departmental-level officials of the concerned ministries
and branches, shall be appointed and removed from office by the Committee’s
chairman at the proposals of the Delegation’s head- cum-the Committee’s general
secretary.
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1. To take charge of a number of specialized
works of the Government Negotiation Delegation under the assignment by the
Delegation’s head;
2. To chair separate negotiations under the
assignment by the Delegation’s head;
3. To assist the Delegation’s head in performing
a number of tasks prescribed in Article 4 of this Regulation when being
authorized by the head.
Article 6.- The members of
the Government Negotiation Delegation
1. The members of the Government Negotiation
Delegation, who are departmental-level officials, represent the ministries and
branches involved in the negotiations and are nominated by such ministries and
branches to assume the specialized tasks in the Government Negotiation
Delegation and approved by the Committee’s chairman;
2. The ministries and branches nominating their
officials to participate in the Negotiation Delegation shall have to create all
favorable conditions for such officials to participate in preparing for and
conducting the negotiations: Sparing adequate time, supply necessary materials
and guidance, maintaining such officials’ regular participation in the Delegation.
If, in case of necessity, they are transferred to other jobs, the Prime
Minister’s permission therefor is required and there must be satisfactory
substitutes;
3. The members of the Negotiation Delegation
shall act as coordinators in specialized domains under the management of their
respective ministries and branches and be answerable to the heads of their
managing units and the head of the Government Negotiation Delegation for
negotiation contents related to such specialized domains.
4. To perform other tasks related to the
negotiations under the assignment by the Delegation’s head.
Article 7.- The technical
assistance group
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The members of the technical assistance group
are tasked to render technical and professional assistance to the Government
Negotiation Delegation under the assignment by the Delegation’s head.
The concerned ministries and branches shall have
to ensure working conditions for the members of the technical assistance group
as for the members of the Negotiation Delegation.
Article 8.- The
secretariat of the Government Negotiation Delegation
The secretariat is a specialized section to
assist the Government Negotiation Delegation and attached to the Committee’s
Office.
The secretariat has the following tasks:
1. To assist the Delegation’s head in preparing
working plans of the Government Negotiation Delegation and urge the members of
the Negotiation Delegation to perform their assigned tasks according to the set
schedule;
2. To estimate and manage the operation funding
of the Government Negotiation Delegation; provide logistics for negotiations at
home and abroad;
3. To keep negotiation documents; make minutes
and submit reports on results of negotiation sessions to the competent
authorities; prepare relevant documents;
4. To coordinate with the technical assistance
group in performing tasks assigned by the Delegation’s head.
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1. Preparation for negotiations:
a/ The ministries and branches assigned to act
as main coordinators in fields of tariff, non-tariff, services, industrial property
and other fields, shall assume the prime responsibility for elaborating and
submitting the final committed schemes to the Prime Minister for consideration
and decision;
b/ For each specific negotiation round:
- The ministries and branches shall, under the
Prime Minister’s assignment, send to the Ministry of Trade negotiation plans
regarding the domains under their management for being synthesized into a
general plan to be submitted to the Prime Minister for consideration and
decision. The Committee’s chairman shall have to assist the Prime Minister in
examining such plans;
- Basing himself/herself on the already approved
plan, the Government Negotiation Delegation’s head shall work out plans for
negotiation with each partner. For matters falling beyond the approved scope,
the Delegation’s head shall consult with the concerned ministries’ and branches
and report such to the Committee’s chairman for their subsequent submission, if
necessary, to the Prime Minister for decision.
c/ The ministries and branches shall have to
supply sufficient relevant information to the Government Negotiation Delegation
when so requested.
2. In the negotiation process:
a/ The Delegation’s head shall assume the prime
responsibility for negotiation and act as the Delegation’s official spokesman.
The Delegation’s members shall voice their opinions only when so appointed or
authorized by the Delegation’s head;
b/ During the negotiations with partners, except
for the Delegation’s head, other members shall not be allowed to speak out
their opinions and decide on any proposals of negotiation partners. They may
only give technical explanations of matters in specialized fields they are in
charge of, under the assignment by the Delegation’s head;
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d/ The Delegation’s head must ensure the
quickest communication of information on all matters related to the negotiation
to the members.
3. After each negotiation session:
a/ The Negotiation Delegation shall meet to
review and appraise the negotiation results, clearly state the developments and
remaining problems in the negotiation, the extent of performance of assigned
tasks, prospects and propose measures to continue the negotiation for
overcoming such remaining problems for reporting to the Prime Minister;
b/ The coordinating ministries and branches
shall base themselves on the negotiation results and directions of the
Committee’s chairman to make adjustments and/or amendments to their negotiation
plans and send the finalized version thereof to the Ministry of Trade for
synthesization into a general plan to be submitted to the Prime Minister for
consideration and decision;
c/ The coordinating ministries shall gather and
promptly send official requests of the countries to the concerned members,
including those not directly participating in such negotiation session;
d/ Other documents received during the
negotiation, if unnecessary to be notified during the negotiation process,
shall be copied and sent to the members right after the negotiation concludes;
e/ The Delegation’s members shall have to keep
the absolute confidentiality of information and documents related to the
negotiations.
Article 10.- The working
regime of the Government Negotiation Delegation’s members
1. The Government Negotiation Delegation’s
members shall work on a part-time basis, absolutely abide by the assignment the
Government Negotiation Delegation’s head and perform the specialized works
according to the latter’s assignment.
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3. The members of the Government Negotiation
Delegation and the technical assistance group are given priority to participate
in training courses, research projects and/or workshops at home and abroad.
Article 11.- Operation
funding
The operation funding of the Government
Negotiation Delegation shall be allocated from the State budget and
incorporated in the general operation funding of the Committee.
PRIME MINISTER
Phan Van Khai