Nghị định 58/2013/ND-CP

DECREE

REGULATIONS ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF FOREIGN AFFAIRS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012 defining functions, tasks, powers and organizational structure of ministry and ministerial-level agencies;

At the request of the Minister of Foreign Affairs;

The Government promulgates the Decree defining functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs.

Article 1. Functions

The Ministry of Foreign Affairs is the central government agency performing state administration on diplomacy including: Foreign affairs, border, national territory, overseas Vietnamese community, conclusion and implementation of international treaties, international agreements, administration of representative agencies of the Socialist Republic of Vietnam in other countries (hereinafter referred to as “Vietnamese diplomatic missions”) and activities of foreign representative agencies in Vietnam; state administration of public services in the area within state management of the Ministry of Foreign Affairs according to laws.

Article 2. Tasks and powers

The Ministry of Foreign Affairs shall exercise its tasks and powers as prescribed in the Government's Decree No. 36/2012/ND-CP dated April 18, 2012 defining functions, tasks, powers and organizational structure of ministry, ministerial-level agencies and particular tasks and powers as follows:

1. Submit to the Government proposed laws, draft resolutions of the National Assembly, proposed ordinances and draft resolutions of the Standing committee of the National Assembly, draft resolutions and decrees of the Government according to the Ministry of Foreign Affairs’ annually approved law building program, plan and projects assigned by the Government and the Prime Minister; long-term, five-year, annual development strategies, master plans, plans, key projects and national target program pertaining to sectors, areas under the management of the Ministry of Foreign Affairs.

2. Submit to the Prime Minister draft decisions, directions and other documents pertaining to sectors, areas under the management of the Ministry of Foreign Affairs.

3. Promulgate circulars, decisions, directions and other documents within state management of the Ministry of Foreign Affairs; instruct and inspect the implementation of such documents.

4. Instruct, inspect and organize the implementation of strategies, master plans, plans, national target programs and legislative documents within state management of the Ministry of Foreign Affairs after approval is granted; organize propaganda and education campaign about laws, follow up enforcement of the laws pertaining to sectors and areas within state management of the Ministry of Foreign Affairs.

5. Perform state administration on diplomatic activities undertaken by ministries, relevant agencies and local governments:

a) Preside over and cooperate with ministries and relevant agencies in formulating a state-level foreign affair activity program, consolidating a ministerial-level foreign affair activity program; instruct the implementation of foreign affair activities and request ministries to make regular and irregular reports on the implementation; instruct and inspect the implementation and unification of policies and laws pertaining to state foreign affair activities conducted by ministries, ministerial-level agencies and governmental agencies;

b) Preside over and cooperate with relevant agencies in instructing, supervising and speeding up involvement of People’s Committees of provinces, central-affiliated cities in order to unify local foreign affair activities.

6. Administer international conference activities in Vietnam according to laws; make annual reports to the Prime Minister on organization of international conferences, workshops in Vietnam.

7. Preside over and cooperate with relevant ministries in protecting sovereignty and interests of the state, legal rights and interests of overseas Vietnamese organizations and citizens according to laws of Vietnam and international laws.

8. Study and advise on strategic forecasting:

a) Provide information and advice in a timely manner to the Government, the Prime Minister on matters related to global happenings and international relations of Vietnam;

b) Preside over studying and putting forward strategic forecasts related to global happenings, international relations, international laws;

c) Study, compile and publish scientific research publications in diplomacy, history of Vietnamese and international diplomacy and other areas within state management of the Ministry of Foreign Affairs.

9. Function as a representative for state diplomatic activities:

a) Act as a representative of the state for diplomatic relations with other countries, intergovernmental international organizations; perform state diplomatic activities according to laws.

b) Report to the Government the establishment, changing or suspension of diplomatic, consular relations with other countries, intergovernmental international organizations; establishment, temporary suspension or termination of presence of Vietnamese diplomatic missions according to laws;

c) Put forward the proposal to the Prime Minister for submission to the State President for summoning Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Vietnam to the United Nations, Word Trade Organization and representative of the State President to international organizations;

d) Appoint, summon permanent representative of Vietnam to international organizations unless otherwise as regulated in Point c of this Clause, heads of Vietnamese consular agencies abroad; appoint or dismiss Honorary Consul General of Vietnam to other countries.

10. State protocol:

a) Perform state administration on diplomatic protocol and the rights to diplomatic incentives and immunities according to laws; instruct and administer the exercise of the rights to diplomatic incentives and immunities, and diplomatic protocol by foreign representative agencies in Vietnam, Vietnamese diplomatic missions in accordance with the laws of Vietnam, international laws and practices;

b) Grant approval for presence of diplomatic representatives of other countries, international organizations to Vietnam and Vietnamese diplomatic representatives abroad;

c) Prepare and serve visits or trips of high-ranking delegations of the state to other countries or for participation in international conferences; organize events of welcoming visits of high-ranking delegations of other countries and international organizations to Vietnam according to laws.

11. Economic diplomacy:

a) Build bilateral and multilateral political relations and legal frameworks to step up foreign economic relations and Vietnam’s international economic integration;

b) Study, predict and report international economic issues and international economic relations; coordinate counseling and construction of policies on economic development and international economic integration; handle potential issues related to foreign economic relations as assigned by the Government; preside over and coordinate political and diplomatic campaigning to support foreign economic relations;

c) Preside over and cooperate with ministries and local governments and relevant organizations in formulating and developing policies and programs on economic diplomacy;

d) Preside over and cooperate with ministries and relevant organizations in increasing the efficiency of Vietnam’s participation in international organizations, international and regional economic cooperation mechanisms and forums as assigned by the Government and the Prime Minister.

12. Cultural diplomacy:

a) Build legal foundations and policies on cultural diplomacy;

b) Preside over and cooperate with ministries and local governments in administering and developing cultural diplomacy at home and abroad according to laws;

c) Preside over Vietnam National Commission for UNESCO’s activities; assume the roles of president and Secretariat of Vietnam National Commission for UNESCO.

13. Diplomatic communication activities:

a) Preside over and cooperate with ministries and relevant localities in developing diplomatic communication activities abroad; cooperate with the Ministry of Information and Communications in administering diplomatic communication activities abroad;

b) Follow up, study and consolidate public opinions from foreign media to serve diplomatic communications;

c) State official viewpoint and stance of Vietnam on diplomatic issues; organize international press conferences;

d) Administer and license press activities for foreign journalists in Vietnam and visits of foreign delegations to Vietnam at the invitation of state leaders and the Ministry of Foreign Affairs;

dd) Administer websites of the Ministry of Foreign Affairs and Vietnamese diplomatic missions to serve diplomatic communications;

e) Cooperate with ministries and relevant local governments in providing instructions for domestic press agencies on the coverage of diplomatic activities by state leaders, the Ministry of Foreign Affairs, international and domestic happenings related to foreign affairs.

14. Consular duties:

a) Protect interests of the state, lawful rights and interests of overseas Vietnamese citizens and legal persons according to laws of Vietnam and international laws;

b) Perform consular legalization, judicial entrustment of civil registration, nationality, entry and exit for Vietnamese citizens and foreigners within management of the Ministry of Foreign Affairs according to laws;

c) Administer and direct consular duties of agencies for foreign affairs in provinces, central-affiliated cities according to laws;

d) Perform other consular duties assigned by the Government, according to laws of Vietnam or international treaties to which Vietnam is a signatory.

15. State management on Vietnamese migration abroad:

a) Preside over and cooperate with relevant agencies in building policies on international migration in accordance with conditions of Vietnam and international practices;

b) Coordinate administration of legal immigrants, prevent illegal immigrants and handle related issues;

c) Preside over and cooperate with relevant agencies in instructing and inspecting activities related to Vietnamese migration overseas;

16. Overseas Vietnamese:

a) Preside over and cooperate with relevant agencies and organizations in studying and developing policies on overseas Vietnamese;

b) Preside over and cooperate with relevant agencies in instructing and inspecting the implementation of policies on overseas Vietnamese;

c) Support and instruct establishment of connectivity between overseas Vietnamese organizations and individuals and the home country and vice versa, contributing to the development of the country.

d) Provide supports and favorable conditions for overseas Vietnamese to establish themselves, integrate into society of the home country and maintain cultural traditions of Vietnam.

17. National border and territory:

a) Preside over and cooperate with ministries and relevant local governments in studying and assessing administration of national border, territory, airspace, sea and island areas and continental shelves of Vietnam; settling disputes, struggling to protect border, territorial integrity, sovereignty, sovereign and jurisdiction rights of Vietnam in mainland, airspace, sea and island areas and continental shelves; put forward policies and appropriate management measures;

b) Preside over and cooperate with relevant ministries in determining national boundaries, sea waters and continental shelves of Vietnam; determining scope of national sovereignty, sovereign and jurisdiction rights in mainland, airspace, sea and island areas and continental shelves;

c) Preside over and cooperate with relevant ministries in making national border planning, determining the borders between exclusive economic zones, continental shelves of Vietnam and neighboring countries;

d) Preside over and cooperate with ministries and relevant local governments in developing and enforcing international border instruments; mark the limits of national borders according to international agreement on national border planning signed between the Socialist Republic of Vietnam and neighboring countries; direct and instruct the implementation and request ministries and relevant local governments to make regular or irregular reports on border management and protection;

dd) Any potential issue pertaining to national sovereignty, sovereign and jurisdiction rights that arises out of activities by ministries and relevant local governments should be submitted to the Prime Minister for handling or for instructions on handling within competence.

18. Administer Vietnamese diplomatic missions:

a) Direct and inspect the implementation of foreign policies of the state as well as the fulfillment of functions and duties by Vietnamese diplomatic missions and their members according to laws;

b) Implement regulations of the law on organization and personnel of Vietnamese diplomatic missions;

c) Appoint, dismiss, delegate or summon members of Vietnamese diplomatic missions according to laws;

d) Instruct and organize management and use of properties, material and technical bases and funds for Vietnamese diplomatic missions according to laws.

19. Administer diplomatic activities by Vietnam’s overseas representative agencies, organizations, Vietnamese delegations appointed to go abroad on business:

a) Instruct and inspect the implementation of state policies, tasks and powers of Vietnam’s overseas representative agencies, organizations, Vietnamese delegations going abroad on business according to laws;

b) Preside over and cooperate with relevant ministries in providing supports and favorable conditions for Vietnam’s overseas representative agencies and organizations to exercise their functions, tasks, powers according to laws of Vietnam, host countries and international laws.

20. Administer activities undertaken by foreign diplomatic missions, consular agencies, honorary consular agencies and representative agencies of intergovernmental international organizations based in Vietnam according to laws of Vietnam and international laws.

21. Administer foreign non-governmental organizations in Vietnam; issue, extend, amend and revoke registration certificates of foreign non-governmental organizations in Vietnam according to laws.

22. International agreements:

a) Perform state administration on international agreements;

b) Inspect proposals for negotiation, conclusion and accession to international agreement put forward by ministries before submission to the Government is made;

c) Preside over and cooperate with relevant agencies and organizations in submitting proposals to the Government for conclusion, accession and implementation of international agreements for peace, security, border, territory, national sovereignty and other areas within state management of the Ministry of Foreign Affairs;

d) Organize compilation and publication of a yearbook of international agreements to which Vietnam is a signatory;

 dd) Perform other duties related to state administration on international agreements according to regulations of the Law and Ordinance on conclusion, accession and implementation of international agreements.

23. Administer personnel organization; implement salary scheme, remuneration policy, appointments, dismissals, retirement, resignation, rewards, disciplines, training; establish staff, officials and civil servants in the administrative units affiliated to the Ministry of Foreign Affairs according to laws.

24. Inspect the implementation of regulations of laws within state management of the Ministry of Foreign Affairs; settle complaints and denunciations; prevent and fight against corruption, extravagance, handle acts in violation of regulations within state management of the Ministry of Foreign Affairs according to laws.

25. Manage and use properties, material and technical bases, facilities and allocated funds according to laws.

26. Formulate, promulgate and develop the Ministry of Foreign Affairs’ administrative reform programs according to the state’s administrative reform master plan approved by the Prime Minister.

27. Implement services for public use within state management of the Ministry of Foreign Affairs according to laws.

28. Perform other duties and powers assigned by the Government, the Prime Minister or according to laws.

Article 3. Organizational structure

1. Department of ASEAN Affairs.

2. Department of European Affairs.

3. Department of American Affairs.

4. Department of Northeast Asian Affairs.

5. Department of Southeast Asian - South Asian - South Pacific Affairs.

6. Department of West Asian - Africa Affairs

7. Department of Foreign Policy.

8. Department of International Organizations.

9. Department of Law and International Treaty

10. Department of Multilateral Economic Cooperation

11. Department of General Economic Affairs

12. Department of External Culture and UNESCO

13. Department of Press and Information

14. Department of Emulation and Reward.

15. Department of Organization and Personnel.

16. Office of the Ministry

17. Ministry Inspectorate

18. Bureau of Information Security

19. Bureau of External Affairs

20. Bureau of Consular Affairs

21. Bureau of State Protocol.

22. Bureau of Administration and Finance

23. Ho Chi Minh City Department of Foreign Affairs.

24. Committee of Overseas Vietnamese

25. Committee of National Border.

26. Diplomatic Academy of Vietnam.

27. Bureau of Diplomatic Corps Services

28. Vietnam and the World Newspaper

29. Foreign Press Center

30. National Translation and Interpretation Center

31. Information Center.

32. Vietnamese diplomatic missions.

The units from Clauses 1 to 25 of this Article are assistants to Minister of Foreign Affairs in performing state administration functions; the units from Clauses 26 to 31 of this Article are public service providers affiliated to the Ministry of Foreign Affairs.

The units in Clause 32 of this Article are Vietnamese diplomatic missions established and managed by the Government and the Ministry of Foreign Affairs respectively.

Department of Northeast Asian Affairs, Department of Southeast Asian - South Asian - South Pacific Affairs, Department of American Affairs, Department of West Asian - Africa Affairs are organized into three sub-departments each; Department of Law and International Treaty four sub-departments; Department of European Affairs, Department of Organization and Personnel six sub-departments each.

Functions, tasks, powers and organizational structure of the Committee of Overseas Vietnamese, Committee of National Border, Diplomatic Academy of Vietnam shall be submitted by the Minister of Foreign Affairs to the Minister of Foreign Affairs for decision; the remaining units shall fall within the competence of the Ministry of Foreign Affairs.

The Minister of Foreign Affairs shall define functions, tasks, powers and organizational structure of the ministerial units except the units prescribed from Clauses 24 to 26 of this Article.

Article 4. Effect

1. This Decree takes effect as of August 02, 2013.

2. This Decree shall supersedes the Government’s Decree No. 15/2008/ND-CP dated February 04, 2008 defining functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs and all previous regulations in contravention of this Decree are hereby annulled.

Article 5. Implementation

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, presidents of the People’s Committees of provinces, central-affiliated cities and relevant agencies, organizations shall be responsible for executing this Decree./.