Nghị định 13-CP

DECREE

DEFINING DETAILS FOR IMPLEMENTATION OF THE ORDINANCE ON DIPLOMATIC RANKS AND GRADES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Diplomatic Ranks and Grades of May 31, 1995;
Pursuant to Decision No.517-QD/CTN of December 28, 1995 of the President of the Socialist Republic of Vietnam on mandating the Minister for Foreign Affairs to make promotions for diplomatic ranks and grades from Attache’ to Minister;
At the proposal of the Minister for Foreign Affairs,

DECREES:

Chapter I

PERSONS TO BE CONSIDERED FOR DIPLOMATIC RANKS AND GRADES

Article 1.- Public employees who are working in agencies and organizations pertaining to the Ministry for Foreign Affairs and meeting the qualifications defined in Articles 13, 14, 15 of the Ordinance on Diplomatic Ranks and Grades (hereafter referred to as the Ordinance) and Articles 4, 5, 6, 7, 8, 9, 10 of this Decree, are considered for appointment to diplomatic ranks.

Article 2.- Persons with diplomatic titles who are transferred to other agencies and organizations or retired, are allowed to retain their last diplomatic titles as an honor of the diplomatic service, but are not allowed to use them in the capacity of representing the diplomatic service at home or abroad.

Article 3.-

1. Public employees of other agencies and organizations who are assigned to the Ministry for Foreign Affairs and have been on the payroll of the Ministry for Foreign Affairs for three years or more and who meet the qualifications defined in Article 1 of this Decree, are also considered for diplomatic titles.

2. Public employees of other agencies and organizations who are assigned to work at overseas Representative Offices of the Socialist Republic of Vietnam and who meet the qualifications defined by law, may, as required by their work, be considered for appointment to diplomatic or consular posts during their work tenures, but not for appointment to diplomatic titles.

Chapter II

QUALIFICATIONS OF DIPLOMATIC RANKS

Article 4.- Ambassador rank:

The person to be appointed Ambassador must have the following intellectual and professional competence:

- To firmly grasp and be able to correctly apply the Party and State viewpoint, line, decisions and policies on domestic and foreign affairs; to be able to coordinate with various State agencies for the successful implementation of the assigned undertakings, policies and foreign activities.

- To advise the Minister for Foreign Affairs in foreign decisions and policies and in service-building work.

- To direct research works and complete Ministerial- and State-level documents and decisions on important issues of foreign relations.

- To be able to organize scientific researches in the professional field of diplomacy.

- To preside over or to participate in the capacity of a key member in important negotiations, conferences and international seminars.

- To grasp Vietnam’s political, economic and social situation, to have a basic knowledge of the history of international relations, the world economy, international economic relations and international law.

- To have a wide and deep general knowledge, long-vision, and the ability to analyze and assess the situation and development trends of the regions and continents and the world as a whole.

- To have the proficiency in writting and correcting important Ministerial - and State-level diplomatic documents.

- To have the capability and competence for training and fostering public employees of lower echelons.

- To have graduated from a university or a higher institute, and to have a high qualification in political science. To have passed a refresher training course on diplomacy and economics.

- To have made considerable contributions to scientific researches on external relations or on service, building, which have been accepted and effectively applied in the service.

- To be proficient in an universal foreign language (as defined by the United Nations and able to communicate in English (if the major foreign language is not English).

-To be Minister, Vice Minister or equivalent in rank, Department Head, Deputy Department Head or equivalent in rank, senior expert of the diplomatic service or to have served as head of an overseas Representative Office of the Socialist Republic of Vietnam. To have worked in the diplomatic service for 10 or more years.

Article 5.- Minister rank:

The person to be appointed Minister must have the following intellectual and professional competence:

- To firmly grasp the Party and State line, decisions and policies on domestic and external affairs, to be able to coordinate with various Ministries and central-level branches for the implementation of projects by the Ministry for Foreign Affairs on foreign relations or service building.

- To design projects of the Ministry for Foreign Affairs on external relations and service building.

- To preside over or participate in the capacity of a key member in important international negotiations, conferences and seminars.

- To grasp Vietnam�s political, economic and social situation, to have a basic knowledge of the history of international relations, the world economy, international economic relations and international law.

- To have good general knowledge and the ability to forecast development trends in the world and regional situation or large international organizations.

- To be able to draft and correct diplomatic documents and important legal document related to diplomatic affairs.

- To be able to foster and train public employees of lower echelons.

- To have graduated from a university and have a high qualification in political science. To have passed a refresher training course on diplomacy and economics.

- To have made active contributions to scientific researches on foreign affairs or service building which have been accepted and applied in the service.

- To be proficient in a universal foreign language and able to communicate in English (if the major foreign language is not English).

- To be Department Head, Deputy Department Head or equivalent in rank, senior expert of the diplomatic service, main expert of the diplomatic service, or to have worked in the capacity of a diplomatic official at an overseas Representative Office of the Socialist Republic of Vietnam. To have worked in the diplomatic service for 8 or more years.

Article 6.- Counselor rank:

The person to be appointed Counselor must have the following intellectual and professional competence:

- To know how to apply correctly Party and State line, decisions and policies on domestic and foreign affairs.

- To be able to recommend to the Minister for Foreign Affairs decisions and policies on foreign relations or service building.

- To direct the drafting of recommendations on decisions, policies and tactics towards a major power, a key area, a region or a number of important international organizations.

- To be able to preside over or to be a member in international negotiations, conferences, seminars on issues related to one’s area of responsibility.

- To be able to analyze, relate and assess development in the world situation and major international issues.

- To grasp the countrys political, economic and social situation, know how to act flexibly and in line with the States foreign line, decisions and policies at international conferences and seminars.

- To have a basic knowledge of the history of international relations, the world economy, inter- national economic relations and international law.

- To be able to draft and correct diplomatic documents and legal documents on foreign and service-building works.

- To be able to foster public employees of lower echelons on diplomatic professional qualities.

- To have graduated from a university and have secondary or high qualification in political science. To have passed a refresher training course on diplomacy and economics.

- To have conducted a research project which has been accepted.

- To be proficient in a universal foreign language and able to communicate in English (if the major foreign language is not English).

- To be Department Head, Deputy Department Head or equivalent in rank, senior expert of the diplomatic service, main expert of the diplomatic service, expert of the diplomatic service, or to have worked in the capacity of a diplomatic official at an overseas Representative Office of the Socialist Republic of Vietnam. To have worked in the diplomatic service for 8 or more years.

Article 7.- First Secretary rank:

The person to be appointed First Secretary must have the following intellectual and professional competence:

- To know how to apply correctly the Party and State line, decisions and policies on domestic and foreign affairs and the decisions of the Ministry for Foreign Affairs.

- To be able to recommend to the Ministry decisions and measures regarding foreign affairs and service-building work.

- To be able to participate in delegations to Ministerial-level negotiations and to operate independently in sub-committees at international conferences and seminars on foreign affairs.

- To have a basic knowledge of the history of international relations, the world economy, international economic relations and international laws on diplomatic activities.

- To be able to draft diplomatic and legal documents related to foreign affairs.

- To be able to provide professional guidance to public employees of lower echelons.

- To have graduated from a university and have a secondary level in political science. To have passed a refresher training course on diplomacy.

- To be proficient in a foreign language of one’s own area of responsibility and able to communicate in English (if the major foreign language is not English).

- To be main expert or expert of the diplomatic service. To have worked in the diplomatic service for 5 or more years.

Article 8.- Second Secretary rank:

The person to be appointed Second Secretary must have the following intellectual and professional competence:

- To know how to apply the Party and State line, decisions and policies on domestic and foreign affairs and the decisions of the Ministry for Foreign Affairs.

- To be able to recommend to the Ministry proposals on a number of spheres of diplomatic activities and service-building work.

- To have taken part in research on subjects related to diplomacy.

- To have the ability to conduct research, operate independently and apply professional knowledge to given assignments. To be able to assist Government employees of lower echelons in professional matters.

- To have knowledge of the history of international relations, the world economy, international economic relations and international laws related to diplomatic activities.

- To be able to draft diplomatic and legal documents related to one’s own area of responsibility.

- To have graduated from a university and have primary level in political science. To have passed a refresher training course on diplomacy.

- To be able to use a foreign language of one’s own area of responsibility and able to communicate in English (if the major foreign language is not English).

- To be expert of the diplomatic service. To have worked in the diplomatic service for 5 or more years.

Article 9.- Third Secretary rank:

The person to be appointed Third Secretary must have the following intellectual and professional competence:

- To grasp the Party and State line and policies and decisions of the Ministry for Foreign Affairs.

- To be able to assist the division leadership to recommend undertakings to the Ministry regarding relations with the country or area of one’s own responsibility.

- To participate in the drafting of diplomatic documents related to the country or sphere of one’s own area of responsibility.

- To be able to research into and monitor an aspect of the situation of a country, a region or an area of diplomacy.

- To have a basic knowledge of diplomacy. To be able to draft medium-level diplomatic documents.

- To have graduated from a university and have a primary level in political science. To have passed a refresher traning course on diplomacy.

- To be able to use a foreign language of one’s own area of responsibility and able to communicate in English (if the major foreign language is not English).

- To be expert of the diplomatic service. To have worked in the diplomatic service for 3 or more years.

Article 10.- Attache’ rank:

The person to be appointed Attache’ must have the following intellectual and professional competence:

- To grasp the Party and State line and policies and decisions of the Ministry for Foreign Affairs.

- To deploy and implement part of a concrete assignment in decisions of the Ministry for Foreign Affairs related to foreign or service-building affairs.

- To be able to collect material, prepare dossiers and anticipate contingencies for the division leadership.

- To have basic knowledge of diplomacy. To be able to draft diplomatic documents in line with available patterns.

- To be able to draft reports and projects for the deployment of the Ministry’s decisions in areas related to one’s own assignment.

- To have graduated from a university or an institution of equivalent level. To have a primary level in political science.

- To be able to use a foreign language from the region of one’s own area of responsibility and to communicate in English.

- To be expert of the diplomatic service. To have worked in the diplomatic service for 3 or more years.

Chapter III

THE CONSULTATIVE COUNCIL ON DIPLOMATIC RANKS AND GRADES AND THE APPOINTMENT, PROMOTION, DEMOTION AND CANCELLATION OF DIPLOMATIC TITLES

Article 11.-

1. The Prime Minister entrusts the Minister for Foreign Affairs with the right to decide on setting up a Consultative Council on Diplomatic Ranks and Grades.

2. The Minister for Foreign Affairs shall concretely define the functions, tasks, powers, organization and operating statute of the Council.

3. Annually, in line with the qualifications defined in Articles 4, 5, 6, 7, 8, 9 and 10 of this Decree and on the basis of foreign affairs requirements, the Consultative Council on Diplomatic Ranks and Grades shall consider and recommend to the Minister for Foreign Affairs the appointment, promotion, demotion and cancellation of diplomatic titles provided for in Articles 12 and 13 of this Decree.

Article 12.- The appointment, promotion, demotion and cancellation of the Ambassador title:

1. Upon considering the opinion of the Consultative Council on Diplomatic Ranks and Grades and consulting the concerned agencies, the Minister for Foreign Affairs shall propose the Prime Minister to submit to the State President decisions on the appointment or promotion of Ambassadors.

2. In case a person of Ambassadorial rank violates disciplines which carry a warning or higher sanction, the Minister for Foreign Affairs shall propose the Prime Minister to submit to the State President for a decision to demote or cancel his/her Ambassador title.

Article 13.- The Minister for Foreign Affairs shall consider the proposal by the Consultative Council on Diplomatic Rank and Grade to decide the appointment, promotion, demotion and cancellation of diplomatic titles from Attaché’ to Minister, as entrusted by the State President.

1. The appointment of diplomatic titles for public employees of the diplomatic service is to be based on the qualifications defined in Article 14 and 15 of the Ordinance and in Articles 5, 6, 7, 8, 9 and 10 of this Decree.

2. Promotion of diplomatic tiles:

- Public employees of diplomatic titles are considered for promotion to an immediate higher diplomatic title when the need arises and when they have met the qualifications of a new rank.

- The persons of diplomatic titles from Attaché’ to Second Secretary must have held their titles for at least 2 years before being eligible for consideration for promotion to an immediate higher diplomatic rank.

- The person of diplomatic titles from First Secretary to Minister must have held their titles for at least 3 years before being eligible for consideration for promotion to an immediate higher diplomatic rank.

- The persons who have made exceptionally outstanding achievements may be considered for promotion to a rank higher than the immediate higher diplomatic rank.

3. Demotion of diplomatic ranks: Public employees of diplomatic titles who fail to accomplish their assignments, or whose professional qualification and moral conduct fail to match the defined qualifications or who violate disciplines which carry warnings or high sanctions shall be demoted to lower diplomatic ranks.

4. Cancellation of diplomatic rank: Public employees of diplomatic titles who seriously violate disciplines for which they are sanctioned to work suspension and expulsion from the service or are convicted, with their sentences effective shall have their diplomatic titles cancelled.

Chapter IV

THE OBLIGATIONS, RIGHTS AND INTERESTS OF THE DIPLOMATIC
TITLE HOLDERS

Article 14.- Apart from the obligations defined in Article 21 of the Ordinance, the holders of diplomatic titles have responsibility of:

1. Fully implementing the obligations of a public employee.

2. Not using their diplomatic titles for individual or collective purposes which are contrary to the provisions of the Ordinance and this Decree.

Article 15.- Apart from the rights and interests defined for public employees by the State, the diplomatic title holders, shall enjoy the following rights and interests:

1. To have priority in training on diplomacy and foreign languages both at home and abroad.

2. In case the need arises, the diplomatic title holders may be appointed to diplomatic or consular posts at overseas Representative Offices of the Socialist Republic of Vietnam as defined in Article 10 of the Ordinance without having to go through selection tests or examinations.

The diplomatic title holders working at overseas Representative Offices of the Socialist Republic of Vietnam are entitled to the privileges that the diplomatic service reserves for foreign service activities and may be assigned to other areas of work as required.

3. The appointment and promotion of diplomatic rank is a basis for consideration of work assignment, promotion and salary raise for public employee as provided for by law.

4. In necessary cases during their execution of official assignment, the diplomatic title holders shall produce certificates of their diplomatic ranks and grades, and shall be assisted by State agencies through creating favorable conditions for and protecting them from all threats or obstacles against their execution of the foreign service tasks.

Chapter V

IMPLEMENTATION PROVISIONS

Article 16.- This Decree takes effect from the date of its signing. The previous provisions which are contrary to this Decree shall all be annulled.

The Minister for Foreign Affairs is responsible for providing guidance for and monitoring the implementation of this Decree.

Article 17.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government and the Heads of the overseas Representative Offices of the Socialist Republic of Vietnam are responsible for the implementation of this Decree.