Nghị định 82-CP

DECREE

ON DUTIES, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated September30, 1992 ;
- Pursuant to Government Decree No. 15-CP dated March 2, 1993 on duties,powers and responsibilities for exercising State management of the Ministries andMinisterial-level Offices ;
- In consideration of the proposals of the Minister of Foreign Affairsand the Minister-Head of the Government's Organization-Personnel Committee,

DECREES:

Article 1. The Ministry of Foreign Affairs is a Government agencywhich exercises State management over activities relating to diplomatic affairs for thepurposes of protecting the sovereignties and benefits of the State, rights and benefits ofthe Vietnamese legal entities and citizens; expanding the friendly relations andcooperations with other countries on the basis of mutual benefits for nationalconstruction and defense; enhancing the international prestige of the Socialist Republicof Vietnam and contributing to the common struggle of the world's peoples for the peace,national independence, democracy and social progress.

Article 2. The Ministry of Foreign Affairs has the following dutiesand powers:

1. Submitting to the Government Draft Laws, Ordinances and otherregulations which help govern legal relations concerning diplomacy, consular affairs,international treaty, State protocols regarding foreign countries.

2. Submitting proposals to the Government for any signing,participation in or approval of international treaties under the charge of the Ministry ofForeign Affairs; negotiating or signing with other countries and internationalorganizations such international treaties at the Government's authorization and organizingand guiding the implementation of the same ; assisting the Government in monitoring andsupervising Vietnam's compliance with rights and responsibilities provided under theinternational treaties.

3. Submitting to the Government to review and decide the lines andpolicies and State programmes of external activities and organizing the implementation ofthe same ; specifying the State foreign policies for different periods regarding differentregions, foreign countries and international organizations.

4. Declaring the official views and stance of Vietnam in respect ofinternational matters ; contributing to the formation and implementation of State policieson information and communication for the outside world.

5. Protecting the State interests and legitimate interests ofVietnamese organizations and citizens in foreign countries in accordance with the laws ofVietnam and international laws.

6. Submitting proposals to the Government for promulgation of regimesand policies regarding the diplomatic affairs and regimes and policies applicable toVietnamese organizations and individuals in their relations to foreign parties.

Promulgating decisions, circulars and instructions in connection withthe external affairs in accordance with Government stipulations.

Organizing the implementation of the aforesaid legal documents.

7. Submitting proposals to the Government for decisions on theestablishment or withdrawal of Vietnamese diplomatic representations in foreign countries;as well as the appointment or recall of Vietnamese extraordinary and plenipotentiaryAmbassadors.

8. Submitting to the Government all matters on the establishment orsuspension of diplomatic relations with other countries, the participation in orwithdrawal from international political organizations; approval of the setting up offoreign diplomatic representative and consular offices in Vietnam; coordinating inorganizing the State President's receptions of foreign extraordinary and plenipotentiaryAmbassadors in Vietnam.

9. Representing the State in diplomatic relations with other countriesand international organizations ; carrying out the State's external activities.

10. Being mainly responsible for making preparations for high-levelState missions to visit foreign countries or participate in international conferences andreceptions of high-level missions of foreign countries and international organizations onvisits to Vietnam ; and management of in-coming foreign missions and out-going Vietnamesemissions in accordance with the Government stipulations.

11. Organizing and participating in international conferences orworkshops on matters relating to external politics.

12. Coordinating with other branches and localities in theestablishment, promotion and development of the relations with other countries ; providingguidance for the relevant branches and localities in the implementation of guidelines,policies, laws and regulations in connection with the external activities of the State ;providing guidance for local external organizations in respect of professional skills.

13. Creating an international environment favorable to nationalconstruction and implementation of the State's external economic policies. Analyzing thesituations for and providing information on and advice for the purpose of drawing upexternal economic policies and assisting in the implementation of the same.

14. Exercising consular functions and dealing with all consular worksin respect of Vietnamese legal entities and citizens and foreign entities.

15. Conducting the exchanges of diplomatic representatives of othercountries and Inter-Governmental International Organizations in Vietnam. Exercisingmanagement over the operations of foreign diplomatic representative and consular offices,and of Inter-Governmental International Organizations, foreign news persons either basedin Vietnam or on short-term working missions in Vietnam in accordance with the laws ofVietnam and international laws.

16. Coordinating with the concerned offices or localities in protectingthe rights of Vietnamese overseas abroad and exerting management over foreigners residingin Vietnam.

17. Organizing research into science of international relations.

18. Providing training for, improving professional skill for andsetting up the contingent of diplomatic branch. Providing training for local cadres indiplomatic services. Conferring diplomatic ranks on cadres working at the Ministry ofForeign Affairs and Vietnamese diplomatic representations in foreign countries inaccordance with the Government stipulations.

19. Exercising management over its own organizational structure, staff,budget and facilities supplied.

Article 3. The Minister of Foreign Affairs shall report to thePrime Minister of the Government and the National Assembly on all matters relating toforeign affairs.

The Minister shall be assisted by Vice-Ministers. The Vice-Ministersshall be assigned by the Minister to be in charge of certain aspects of work and report tothe Minister for their assigned duties. When the Minister is absent, a Vice-Minister shallbe authorized by the Minister to direct the Ministry's affairs.

Article 4. The organizational structure of the Ministry of ForeignAffairs is composed of :

1. Bodies assisting the Minister in exercising State managementfunctions :

- The Ministry's Office ;

- The Department for Organization-Personnel ;

- The Board of Inspection ;

- The General Department for International Relations ;

- The General Department for Economy ;

- The Department for South-East Asia-South Pacific ;

- The Department for China ;

- The Department for North-East Asia ;

- The Department for South Asia ; .

- The Department for Eastern Europe-Central Asia ;

- The Department for North-Western Europe ;

- The Department for America ;

- The Department for West Asia-Africa ;

- The Press Department ;

- The Protocol Department ;

- The Department for Consular Affairs ;

- The Department for International Laws and Treaties ;

- The Department for International Organizations ;

- The Department for Culture - UNESCO ;

- The Department for Administration and Accounting ;

- The Diplomatic Service of Ho Chi Minh City.

2. Non-profit organizations :

- The Institute of International Relations ;

- The International Relations Magazine ;

- The Service Center for Foreign Press ;

- The Government Guest House.

3. Government diplomatic representations in foreign countries which theMinister of Foreign Affairs is entrusted to manage and provide professional guidance forconsist of :

- Embassies ;

- General Consulate and Consulates ;

- Permanent Vietnamese Representations in foreign countries and at theUnited Nations and Inter-Governmental Organizations.

Article 5. This Decree shall come into force as from the date ofits promulgation. Decree No.157-CP dated October 9, 1961 by the Council of Governmentstipulating duties, powers and organizational structure of the Ministry of Foreign Affairsshall be abrogated.

Article 6. The Minister of Foreign Affairs, other Ministers, theHeads of the Ministerial-level Agencies and other offices under the Government and thePresidents of the People's Committees of the provinces and centrally-ruled cities areresponsible for the implementation of this Decree.