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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 65/2021/ND-CP
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Hanoi, June 30, 2021
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DECREE
MANAGEMENT AND USE OF FUNDING FROM STATE BUDGET FOR
TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK
Pursuant to the Law on
Government Organization dated June 19, 2015; Law on amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Treaties dated April 09, 2016;
Pursuant to the Law on
International Agreements dated November 13, 2020;
Pursuant to the Law on
State Budget dated June 25, 2016;
At the request of the
Minister of Foreign Affairs;
The Government hereby
promulgates a Decree on management and use of funding from state budget for
treaty-related work and international agreement-related work.
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GENERAL
Article
1. Scope
This Decree provides for management
and use of funding from state budget for treaty-related work under the Law on
Treaties and international agreement-related work under the Law on
International Agreements.
Article
2. Regulated entities
This Decree applies to
organizations and individuals involved in the process of conclusion and
implementation of treaties and international agreements under the Law on
Treaties and the Law on International Agreements.
Article
3. Principles of management and use of funding from state budget for treaty-related
work and international agreement-related work
1.
Funding for treaty-related work and international agreement-related work shall
be covered by the state budget and other sources in accordance with regulations
of law.
2. The funding for
treaty-related work and international agreement-related work to agencies must
be allocated according to the policies and foreign affairs’ guidelines of the
Communist Party and the State for the international cooperation within their
assigned functions, tasks, and powers.
3. The funding from state
budget for treaty-related work and international agreement-related work shall
be included in the estimate of recurrent expenditures of the agencies in charge
of treaty-related work and international agreement-related work within the
current state budget in accordance with the Law on State Budget and documents
elaborating thereon; expenditures on inspection and appraisal of treaties shall
be separated from other expenditures.
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5. In case where
treaty-related work and international agreement-related work are funded by
Official Development Assistance (ODA) and grant aids not in the form of
official development assistance and sponsorships of foreign non-governmental
organization, other domestic and foreign organizations and individuals, the
receipt, management and use of the funds in accordance with law on management
and use of sources of funds.
Article
4. Sources of state budget for treaty-related work and international
agreement-related work
1. Central government
budget for treaty-related work and international agreement-related work
includes:
a) Budget for
treaty-related work and international agreement-related work of central
regulatory agencies; general departments and departments affiliated to
Ministries and ministerial agencies; agencies and units in the People’s Army
and People’s Public Security Force;
b) Budget for provincial
regulatory agencies for the purpose of carrying out international cooperation
within the framework of the treaties or conducting international
agreement-related activities as assigned by the State, the Government and/or
the Prime Minister.
2. The local government
budget shall cover international agreement-related work of provincial
regulatory agencies and specialized agencies affiliated to provincial People’s
Committees; district-level People’s Committees and commune-level People’s
Committees in border areas in order to carry out international cooperation
within their functions, tasks, and powers.
3.
Funding for treaty-related work and international agreement-related work of central government agencies
of organizations and provincial agencies of organizations shall be allocated
from the state budget in case where those agencies carry out international
cooperation within the framework of the treaties or as assigned by the State,
the Government and/or the Prime Minister. In case where an international
agreement is concluded by the central government agency of an organization to
carry out another international cooperation, the funding for the work related
to such international agreement shall be provided by the financial resource of
such agency.
Chapter
II.
SPECIFIC
EXPENDITURES ON TREATY-RELATED WORK AND INTERNATIONAL AGREEMENT-RELATED WORK
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1. Expenditures on
studying and proposing negotiation, conclusion, ratification, approval,
accession to, amendment, extension, termination, denunciation, withdrawal,
suspension of the operation and reservation of a treaty include:
a) Buying and collecting
materials directly related to the treaty;
b) Holding meetings,
conventions and seminars to seek expert opinions;
c) Carrying out domestic
and international practical survey(s); assessing the impact of the treaty on
politics, national defense and security, economy - society and other impacts thereof;
reviewing and comparing such treaty with domestic law and relevant treaties to
which Vietnam is a signatory;
d) Preparing a draft of
the treaty and draft of the amended treaty;
dd) Considering
formulating plans for negotiation; formulating proposals for negotiation,
conclusion, ratification, approval, accession to, withdrawal of reservations,
withdrawal of objections to reservation, acceptance of or objection to
reservations of the foreign contracting party, amendment, extension,
termination, denunciation, withdrawal from and suspension of the operation of
the treaty;
e) Formulating
declarations or reservations in case of accession to a multilateral treaty;
g) Translating the treaty
and relevant documents.
2. Expenditures on
commenting on proposal for negotiation, conclusion, ratification, approval,
accession to, amendment, extension, termination, denunciation, withdrawal from,
suspension of the operation and reservation of a treaty include:
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b) Reviewing the extent
of conformity between the treaty and regulations of Vietnamese law and relevant
treaties;
c) Studying related
domestic and international experiences and laws;
d) Holding meetings to
seek expert opinions;
dd) Translating relevant
documents;
e) Preparing commenting
documents.
3. Expenditures on
negotiation and conclusion of a treaty include:
a) Welcoming foreign
negotiation delegates;
b) Conducting negotiation
and conclusion of the treaty in Vietnam or in a foreign country;
c) Holding meetings of
preparatory negotiation and making minutes of negotiation;
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dd) Translating relevant
documents.
4. Expenditures on
examination by the Ministry of Foreign Affairs and appraisal by the Ministry of
Justice in terms of proposals for conclusion of and accession to a treaty
include:
a) Buying and collecting
materials directly related to the treaty;
b) Making independent
assessment reports on the conformity between the treaty and regulations of
Vietnamese law, compatibility between the treaty and relevant treaties as
assigned by competent authorities;
c) Making examination
reports and appraisal reports;
d) Translating relevant
documents;
dd) Holding meetings to
seek expert opinions;
e) Establishing an
examination council and/or an appraisal council in the cases prescribed in
Clause 3 Article 18 and Clause 3 Article 20 of the Law on Treaties.
5. Expenditures on
verification by Foreign Affairs Committee of National Assembly, Office of the
President and Office of the Government in terms of proposals for negotiation,
conclusion, ratification, approval, accession to, amendment, extension,
termination, denunciation, withdrawal from, suspension of the operation and
reservation of a treaty include:
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b) Holding meetings to
seek opinions;
c) Establishing a
verification council if the treaty contains important and complex provisions;
d) Making verification
reports.
6. Expenditures on
depositary, keeping custody of, making certified copies of and publishing of a
treaty include:
a) Deposit of a
multilateral treaty;
b) Keeping custody of the
treaty; decisions on negotiation and conclusion of the treaty; notifications of
foreign affairs, instruments of ratification of and accession to the treaty;
full powers for negotiation and signature of the treaty; credentials for
participation in international conferences and other related instruments;
c) Making certified
copies of the treaty;
d) Publishing the treaty
on the web portal of the proposing agency and of the Ministry of Foreign
Affairs;
dd) Issuing copies of the
treaty;
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7. Expenditures on
implementation of a treaty include:
a) Buying and collecting materials
that directly serve the implementation of the treaty;
b) Formulating plans and
schemes for implementation of the treaty;
c) Communication and
dissemination of the treaty;
d) Translating materials
that directly serve the implementation of the treaty;
dd) Making financial
contributions or paying annual membership dues to international organizations
established under a treaty to which Vietnam is a signatory;
e) Holding dialogue and
conventions in Vietnam or attending overseas conventions in terms of implementation
of the treaty;
g) Initiating duties of
central government agencies in accordance with the treaty; agencies in charge
of supervision of the implementation of the treaty as assigned by the
Government and/or the Prime Minister;
h) Making and translating
a national report on implementation of the multilateral treaty as prescribed by
the treaty or requested by the competent authority; holding meetings,
conferences and seminars to seek expert opinions about the national report and
plan for cross assessment of national reports of other countries as prescribed
by the treaty; making thematic reports and organizing implementation of the
plan for carrying out international organizations and competent authorities’
recommendations concerning implementation of the treaty.
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a) Making reports at the
request of agencies and individuals that have the power to carry out
supervision;
b) Inspecting and supervising
the conclusion and implementation of the treaty;
c) Making reports and
holding meetings about assessment of reports on inspection, supervision, and
review of the conclusion and implementation of the treaty.
9. Expenditures on
issuance of legal opinions to treaties, loan agreements and Government
guarantees include:
a) Buying and collecting
directly related materials;
b) Translating related
materials serving issuance of legal opinions;
c) Drafting legal
opinions;
d) Holding meetings to
seek opinions about contents related to issuance of legal opinions.
10. Expenditures on
production of statistics on and review of the treaty:
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b) Translating relevant
materials in service of the statistical production and review;
c) Organizing delegations
to review the list, original and effect of the concluded treaty.
11. Other necessary
expenditures directly serving treaty-related work.
Article
6. Specific expenditures on international agreement-related work
1. Expenditures on
formulation of schemes and plans for negotiation, conclusion, amendment,
extension, termination, withdrawal from and suspension of the operation of an
international agreement include:
a) Buying and collecting
materials directly related to the international agreement;
dd) Holding meetings to
seek opinions;
c) Preparing a draft of
the international agreement and draft of the amended international agreement;
d) Formulating proposals for
conclusion, amendment, extension, termination, withdrawal from and suspension
of the operation of the international agreement;
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2. Expenditures on
commenting on proposal for negotiation, conclusion, amendments, extension,
termination, temporary suspension of an international agreement include:
a) Buying and collecting
materials directly related to the international agreement;
b) Reviewing and
assessing the conformity between the international agreement and regulations of
Vietnamese law and relevant treaties;
c) Holding meetings to
seek opinions;
d) Translating relevant
documents;
dd) Preparing commenting
documents.
3. Expenditures on
negotiation and conclusion of an international agreement include:
a) Welcoming foreign
negotiation delegates;
b) Conducting negotiation
and conclusion of the international agreement in Vietnam or in a foreign
country;
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d) Translating relevant
documents.
4. Expenditures on
implementation of an international agreement include:
a) Keeping custody of, making certified copies, publishing,
communicating and disseminating the international agreement and publishing the
international agreement on the web portal;
b) Making financial
contributions under the international agreement;
c) Holding domestic or
overseas meetings in terms of implementation of the international agreement;
d) Formulating plans for
implementation of the international agreement.
5. Expenditures on
inspection, supervision and review of conclusion and implementation of an
international agreement include:
a) Making reports at the
request of agencies and individuals that have the power to carry out
supervision;
b) Inspecting and
supervising the conclusion and implementation of the international agreement;
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6. Expenditures on
production of statistics on and review of the international agreement:
a) Buying and collecting
directly related materials;
b) Translating relevant
materials in service of the statistical production and review;
c) Building and updating
database of the international agreement;
d) Organizing delegations
to review the list, original and effect of the concluded international
agreement.
7. Other necessary
expenditures directly serving international agreement-related work.
Chapter
III.
IMPLEMENTATION
CLAUSE
Article
7. Effect
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2. The Government’s
Decree No. 74/2016/ND-CP dated July 01, 2016 shall cease to have effect from
the effective date of this Decree.
Article
8. Implementation
1. The Minister of Finance shall provide guidance on
implementation of this Decree.
2. The
Ministers, heads of ministerial agencies, heads of Governmental agencies, other
central government agencies, Chairmen/Chairwomen of People’s Committees of
provinces and central-affiliated cities are
responsible for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Pham Binh Minh
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