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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
21/2003/ND-CP
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Hanoi,
March 10, 2003
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DECREE
PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL
STRUCTURE OF THE MINISTRY FOR FOREIGN AFFAIRS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of
the XIth National Assembly of the Socialist Republic of Vietnam, stipulating
the list of ministries and ministerial-level agencies of the Government;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002
prescribing the functions, tasks, powers and organizational structures of the
ministries and the ministerial-level agencies;
At the proposals of the Minister for Foreign Affairs and the Minister of the
Interior,
DECREES:
Article 1.- Position and
functions
The Ministry for Foreign Affairs is an agency of
the Government, which performs the function of State management over external
affairs, including: the diplomatic work, the national border and territory, the
communities of overseas Vietnamese, the signing and implementation of international
treaties, and Vietnamese representative agencies in foreign countries; the
State management over public services and acts as a representative of the owner
of the State capital portions at the State-invested enterprises operating in
the domains under the Ministry’s State management according to law provisions.
Article 2.- Tasks and
powers
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1. To submit to the Government and the Prime
Minister bills, draft ordinances and legal documents in the domains under its
State management;
2. To submit to the Government and the Prime
Minister Development strategies and planning, long-term, five-year and annual
plans in the domains under its State management;
3. To promulgate decisions, directives and
circulars under its State management scope;
4. To direct, guide, inspect and take
responsibility for the implementation of legal documents, strategies, planning
and plans already approved as well as other legal documents under its management
scope; to propagate, disseminate and educate in legislation and information in
the domains under its State management.
5. Regarding diplomatic work:
a) To submit to the Government and the Prime
Minister schemes on the establishment or suspension of diplomatic or consular
relationships with other countries and international inter-governmental
organizations; the establishment and withdrawal of Vietnamese representative
agencies in foreign countries; the appointment and recall of extraordinary and
plenipotentiary ambassadors and heads of the permanent Vietnamese
representative missions to the United Nations;
b) To represent the State in diplomatic
relations with other countries and international organizations; to carry out
the State’s external activities;
c) To dispose the approval of diplomatic
representations of other countries and international organizations in Vietnam.
To manage the operation of foreign diplomatic missions and consulates,
including honorary consulates, representative agencies of international
organizations in the United Nations system and Vietnam-based international
inter-governmental organizations in compliance with Vietnamese and
international laws;
d) To assume the prime responsibility in making
preparations for high-level delegations of the State to visit other countries
or attend international conferences and in receiving high-level delegations of
other countries and international organizations visiting Vietnam within the
domains managed by the Ministry according to the Government’s stipulations;
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f) To voice Vietnam’s official points of view
and stance on international issues; to organize international press conferences
and prepare contents for the Party and State high-ranking leaders to answer
foreign correspondents in regular interviews or irregular interviews at their
requests;
g) To assume the prime responsibility in
monitoring and synthesizing foreign press opinions related to Vietnam; to
monitor and deploy external information activities in foreign countries;
h) To manage and grant permits for press
activities of foreign correspondents in Vietnam; to manage and settle press and
information activities of foreign delegations visiting Vietnam at the
invitation of leaders of the State, the Government and the Ministry for Foreign
Affairs;
i) To take the main charge over the operation of
the National Committee for the United Nations Educational, Scientific and
Cultural Organization (UNESCO);
j) To protect the interests of the State, the
legitimate rights and interests of Vietnamese organizations and citizens in
foreign countries according to Vietnamese and international laws;
k) To perform tasks concerning consular work,
entry and exit of Vietnamese citizens and foreigners according to the
Government’s assignment; to perform the tasks regarding legitimization,
consular certification, nationality and civil status; to protect Vietnamese
citizens in foreign countries according to law provisions.
6. Regarding national border and territory:
a) To study, synthesize and evaluate the
situation on management of national border and territory, air space, sea areas,
offshore islands and continental shelf of Vietnam; to propose suitable undertakings,
policies and appropriate measures for the management thereof;
b) To assist the Government in determining
national border and sovereignty scope and rights of the Socialist Republic of
Vietnam in the mainland, seas, air space, offshore islands and continental
shelf;
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d) To direct, guide and organize the
implementation of, and request concerned branches and localities to regularly
or irregularly report on, border management; to demarcate and fix national
border marker-posts on the basis of international treaties on demarcation of national
border, signed between the Socialist Republic of Vietnam and neighboring
countries;
e) To submit to the Prime Minister for handling,
or to provide guidance according to its competence for the handling of issues which
have arisen in the operation of branches and localities are related to the
sovereignty and rights of the Socialist Republic of Vietnam on the mainland,
seas, air space, offshore islands and continental shelf.
7. Regarding overseas Vietnamese’ communities:
a) To study, synthesize and propose to the
Government and competent agencies undertakings and policies towards overseas
Vietnamese;
b) To assume the prime responsibility,
coordinate with and guide the ministries, ministerial-level agencies, agencies attached
to the Government and local administrations in disseminating, propagating,
mobilizing and materializing policies towards overseas Vietnamese and their
relatives;
c) To support and guide overseas Vietnamese in
maintaining their contacts with, and making contributions to, the construction
of the country;
d) To manage the organization and operation of
the Fund for support and mobilization of overseas Vietnamese communities.
8. Regarding the management of Vietnamese
representative agencies in foreign countries:
a) To direct and inspect the realization of the
State’s external undertakings and policies as well as the performance of
functions and tasks by representative agencies and their staffs;
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c) To appoint officials and employees of
representative agencies according to the Government’s stipulations;
d) To assume the prime responsibility in
performing the State management over the representative agencies’ activities in
service of the economy;
e) To direct the formulation and management of
material and technical foundation as well as funding of representative
agencies.
9. Regarding the singing and implementation of
international treaties and agreements:
a) To submit to the Government the negotiation,
signing of, or accession to, international treaties under the Ministry’s
management;
b) To organize the negotiations with other
countries and international organizations; to sign or accede to international
treaties under the Government’s authorization;
c) To guide, urge, inspect and coordinate in
organizing the implementation of international treaties which Vietnam has
acceded to;
d) To organize the copying, archival, copyright
deposit and State statistics of international treaties which Vietnam has signed
or acceded to;
e) To guide, urge and inspect the signing and
implementation of international agreements by provinces, centrally-run cities,
socio-political organizations, social organizations and/or socio-professional
organizations of the Socialist Republic of Vietnam;
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10. To guide the ministries, ministerial-level
agencies, agencies attached to the Government and local People’s Committees in
materializing undertakings, policies and law provisions related to the State’s
external activities and professional operation concerning external activities;
11. To organize scientific research on international
relations; to study, make final reviews, compile and publish publications on
Vietnamese diplomacy as well as scientific research projects in the domains
under the Ministry’s State management;
12. To decide on specific strategies and
measures and direct the implementation of mechanisms for the operation of
public-service organizations under the Ministry’s management according to law
provisions; to manage and direct the operation of non-business organizations
under the Ministry;
13. To perform specific tasks and powers within
the right of acting as representative of the owner of the State capital
portions at enterprises with State capital under the Ministry’s management
according to law provisions;
14. To perform the State management over
operation of foreign associations and non-governmental organizations in the
domains under the Ministry’s State management according to law provisions;
15. To examine, inspect and settle complaints
and denunciations, to fight corruption and negative acts and handle law
violations in the domains under the Ministry’s State management competence;
16. To decide and direct the implementation of
the Ministry’s administrative reform programs according to the objectives and
contents of the State’s administrative reform program approved by the Prime
Minister;
17. To manage the organizational apparatus and
payroll; to direct the implementation of regimes of wage and diplomatic rank
conferment as well as other regimes and policies on preferential treatment,
commendation, reward and discipline towards State officials and employees under
the Ministry’s management; to provide professional training and fostering to
officials and employees in the diplomatic sector;
18. To manage assigned financial sources and
assets and organize the execution of allocated budget according to law
provisions.
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a) Organizations assisting the Minister in
performing the State management functions:
1. The Department for External Policies;
2. The Department for Economic Affairs;
3. The Department for Multilateral Economic
Cooperation;
4. The Department for Asia I;
5. The Department for Asia II;
6. The Department for Europe I;
7. The Department for Europe II;
8. The Department for America;
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10. The Department for ASEAN;
11. The Department for International Laws and
Treaties;
12. The Department for International
Organizations;
13. The Protocol Department;
14. The Department for Culture-UNESCO;
15. The Information and Press Department;
16. The Department for Organization and
Personnel;
17. The Department for Administration and
Accountancy;
18. The Department for Consular Affairs;
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20. The Ministry’s Office;
21. The Committee for Overseas Vietnamese;
22. The Committee for Frontier Issues;
23. The Diplomatic Service of Ho Chi Minh City.
b) Non-business organizations under the
Ministry:
1. The Institute of International Relations;
2. "Quoc Te" newspaper;
3. The Foreign Press Service Center;
4. The Center for External Economic Information
and Informatics;
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c) The Vietnamese representative agencies in
foreign countries under the uniform management of the Ministry for Foreign
Affairs include:
1. Embassies;
2. General Consulates and Consulates;
3. Permanent representative missions in foreign
countries and to the United Nations and international inter-governmental
organizations.
Article 4.-
Implementation effect
This Decree takes effect 15 days after it is
published on the Official Gazette.
This Decree replaces the Government’s Decree No.
82/CP of November 10, 1993 stipulating the functions, tasks, powers and
organizational structure of the Ministry for Foreign Affairs, Decree No. 37/CP
of April 26, 1997 on the functions, tasks, powers and organizational apparatus
of the Committee for Overseas Vietnamese under the Ministry for Foreign Affairs
and Decree No. 21/CP of May 8, 1993 on the functions, tasks, powers and
organizational apparatus of the Government Committee for Frontier Issues.
Article 5.-
Implementation responsibility
The Minister for Foreign Affairs, the ministers,
the heads of the ministerial-level agencies, the heads of the agencies attached
to the Government and the presidents of the provincial/municipal People’s
Committees shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai