Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Position and functions

The Ministry of Foreign Affairs is a governmental agency, performing the function of state management of external affairs, including diplomatic work, national border and territory, the community of overseas Vietnamese, the conclusion and implementation of international treaties and agreements, management of overseas representative offices of the Socialist Republic of Vietnam and operation of foreign representative offices in Vietnam; the state management of public services in domains within the scope of its state management in accordance with law.

Article 2.- Tasks and powers

The Ministry of Foreign Affairs shall perform the tasks and exercise the powers provided for in the Government's Decree No. 178/2007/ND-CP of December 3, 2007, defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under its approved annual law-making programs and plans and projects and schemes assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister long-term, five-year and annual development strategies, plannings and plans and national target programs, important programs and projects of the sector, draft decisions and directives of the Prime Minister in domains under its state management;

3. To propose to the Government or the Prime Minister for decision the establishment, change of level or discontinuation of diplomatic or consular relations with foreign countries and inter-governmental organizations, the establishment or termination of operation of overseas representative offices of the Socialist Republic of Vietnam (below referred to as overseas Vietnamese representative missions).

4. To promulgate decisions, directives and circulars within its state management scope;

5. To direct, guide, inspect and organize the implementation of strategies, plannings, plans, national target programs and other legal documents within its state management scope after they are approved; to inform, propagate, disseminate and educate about laws on domains under its state management.

6. To assume the prime responsibility for, and coordinate with concerned ministries, branches, localities and agencies in, elaborating external relation programs of the State and general programs on external relations of ministries, branches and localities; to guide the organization of external activities of concerned ministries, branches and localities, and request them to periodically or extraordinarily report on the actual situation of their external activities; to direct, guide and inspect ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in uniformly implementing guidelines, policies and legal provisions concerning the State's external activities and professional operations related to external activities.

7. To assume the prime responsibility for, and coordinate with concerned ministries and branches in, protecting rights and interests of the State, legitimate rights and interests of Vietnamese organizations and citizens in foreign countries under Vietnamese and international laws;

8. Regarding study and provision of advice on strategic forecasts:

a/ To supply information and promptly advise the Government and the Prime Minister on issues related to the world situation and Vietnam's international relations;

b/ To assume the prime responsibility for studying, synthesizing and proposing forecasts and strategic issues related to the world situation, and Vietnam's international relations and political, economic, cultural and international law relations;

c/ To organize scientific research into international relations; to research, review, compile and publish scientific research publications and works on external activities, the history of Vietnam's and the world's diplomacy and domains within its state management scope.

9. Regarding representation in state external activities:

a/ To propose the Prime Minister to propose to the State President the appointment and recall of plenipotentiary ambassadors and heads of permanent Vietnamese representative missions to the United Nations;

b/ To appoint and recall heads of permanent Vietnamese representative missions to inter-governmental organizations, heads of overseas Vietnamese consulates; to decide on appointment or dismissal of Vietnamese honorary consuls in foreign countries;

c/ To represent the State in diplomatic relations with foreign countries and inter-governmental organizations; and to carry out the State's external activities.

10. Regarding the state protocol:

a/ To assume the prime responsibility for elaborating and proposing for promulgation, or promulgate according to its competence, provide uniform guidance on, and inspect the implementation of, state protocol regulations and formalities in external activities;

b/ To organize the acceptance of diplomatic representatives of foreign countries and Vietnam-based international organizations;

c/ To assume the prime responsibility for making preparations for and serving high-level delegations of the State to visit foreign countries or attend international conferences, and in receiving high-level delegations of foreign countries and international organizations visiting Vietnam under the Government's regulations;

d/ To uniformly guide and manage the entitlement of privileges and immunities to overseas Vietnamese representative missions and Vietnam-based foreign representative offices in accordance with Vietnamese law and international law and practice;

e/ To organize and attend international conferences and workshops on domains under its management; to coordinate with ministries, branches and localities in guiding, inspecting and managing external activities in organizing international conferences and workshops.

11. Regarding diplomatic activities in service of economic development:

a/ To forge political relations and build appropriate bilateral and multilateral legal frameworks to promote Vietnam's external economic and international economic integration activities;

b/ To assume the prime responsibility for, and coordinate with other agencies in, studying the practical situation of external economic activities; supplying information and proposing guidelines and policies to serve economic development and solving arising problems related to external economic activities as assigned by the Government;

c/ To coordinate with concerned ministries, branches, localities and organizations in organizing the implementation of diplomatic guidelines and policies for economic development and expansion of external economic activities;

d/ To uniformly manage, direct, guide and inspect overseas Vietnamese representative missions in conducting diplomatic activities for economic development;

e/ To coordinate with concerned ministries, branches, localities and organizations in realizing international economic integration guidelines and commitments toward regional and international economic organizations to which Vietnam is a contracting party; to take part in protecting economic interests of the Vietnamese State, organizations and individuals in foreign countries.

12. Regarding external information, propaganda and culture:

a/ To coordinate with concerned ministries and branches in managing external information and propaganda; to assume the prime responsibility for organizing external information and propaganda in foreign countries; to assume the prime responsibility for monitoring and synthesizing foreign press opinions related to Vietnam;

b/ To voice Vietnam's official points of view and stance on international issues; to organize international press conferences and prepare contents for high-ranking leaders of the State, the Government and the Ministry of Foreign Affairs to answer foreign correspondents in regular interviews or irregular interviews at their requests;

c/ To coordinate with concerned ministries, branches and localities in guiding and inspecting the domestic press in reporting news on external activities of leaders of the State, the Government and the Ministry of Foreign Affairs, and coordinate with other agencies in guiding the reporting on world and domestic news on external activities;

d/ To manage and grant permits for press activities of Vietnam-based foreign correspondents and foreign delegations visiting Vietnam at the invitation of leaders of the State, the Government and the Ministry of Foreign Affairs;

e/ To manage the system of websites of the Ministry of Foreign Affairs and overseas Vietnamese representative missions in service of external information and propaganda activities;

f/ To coordinate with other agencies in organizing external cultural events and assume the main responsibility for the operation of Vietnam's National Committee for the United Nations Educational, Scientific and Cultural Organization (UNESCO).

13. Regarding consular work: To conduct consular work at home and abroad under law, the Government's assignment and treaties to which Vietnam is a contracting party, covering:

a/ Consular protection;

b/ Exit and entry of Vietnamese citizens and foreigners;

c/ Consular legalization and certification, notarization, certification, judicial mandate;

d/ Affairs related to nationality, civil status and other consular affairs specified by law.

14. Regarding the state management of immigration of Vietnamese citizens into foreign countries:

a/ To assume the prime responsibility for, and coordinate with other agencies in, elaborating guidelines and policies on international immigration suitable to Vietnam's conditions and international practice;

b/ To coordinate with other agencies in managing legal immigration, preventing illegal immigration and solving arising problems;

c/ To assume the prime responsibility for, and coordinate with other agencies in, conducting the work of protecting Vietnamese citizens who immigrate into foreign countries; and taking measures to ensure that overseas Vietnamese citizens enjoy equal rights like citizens of a third country;

d/ To assume the prime responsibility for, and coordinate with other agencies in, guiding and inspecting concerned ministries, branches, localities and overseas Vietnamese in handling affairs related to the immigration of Vietnamese citizens into foreign countries.

15. Regarding overseas Vietnamese affairs:

a/ To assume the prime responsibility for, and coordinate with concerned ministries, branches and localities in, studying and reviewing overseas Vietnamese affairs and proposing to the Government and competent agencies guidelines and policies toward overseas Vietnamese;

b/ To assume the prime responsibility for, and coordinate with other agencies in, guiding and inspecting ministries, branches, localities and overseas Vietnamese representative missions in handling overseas Vietnamese affairs;

c/ To organize, support and guide overseas Vietnamese organizations and individuals in their contacts with their home country and vice versa, contributing to national development;

d/ To support and create favorable conditions for overseas Vietnamese to stabilize their life, integrate themselves with social life in their host countries, and preserve the national cultural identity.

16. Regarding national border and territory:

a/ To assume the prime responsibility for, and coordinate with concerned ministries, branches and localities in, studying, synthesizing, inspecting and assessing the management of Vietnam's national border and territory, air space, sea areas, islands and continental shelf; to settle disputes and struggle to protect the national border, territorial integrity, sovereignty, sovereign rights and rights to national jurisdiction of Vietnam over its mainland, air space, sea areas, islands, continental shelf and seabed; and to propose appropriate guidelines, policies and management measures;

b/ To advise the Government on demarcating the national border, sea areas and continental shelf of the Socialist Republic of Vietnam; to determine the sovereignty scope, sovereign rights and rights to national jurisdiction over the country's air space, sea areas, mainland, islands, continental shelf and seabed;

c/ To assume the prime responsibility for elaborating plans on demarcation of the national border; to determine the boundaries of the Vietnamese exclusive economic zone and continental shelf with concerned neighboring countries;

d/ To direct, guide and organize the implementation of, and request concerned ministries, branches and localities to regularly or irregularly report on, the border management; to demarcate and plant national border marker-posts based on treaties on demarcation of the national border concluded 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 ministries, branches and localities and are related to the sovereignty, sovereign rights and interests of the Socialist Republic of Vietnam over the country's mainland, air space, sea areas, islands, continental shelf and seabed;

f/ To coordinate with ministries, branches and localities in advising the Government on elaborating and implementing schemes and projects on socio-economic development, defense and security related to national border, territory, sovereignty, sovereign rights and rights of national jurisdiction.

17. Regarding the management of overseas Vietnamese representative missions:

a/ To uniformly direct and inspect the realization of the State's external guidelines and policies and the performance of functions and tasks by representative missions and their staffs in accordance with law;

b/ To organize the implementation of legal provisions on organization and state payrolls of overseas Vietnamese representative missions;

c/ To appoint and dismiss, send and recall staff members of representative missions in accordance with law;

d/ To direct the building, management and maintenance of material and technical foundations and allocation of operating funds for representative missions in accordance with law.

18. Regarding the state management of overseas missions of state agencies, economic organizations and social organizations of the Socialist Republic of Vietnam (below referred to as overseas Vietnamese agencies and organizations), and Vietnamese delegations sent to work abroad:

a/ To uniformly direct, guide, inspect and supervise the realization of the State's guidelines and policies, the performance of functions, tasks and powers of overseas Vietnamese agencies and organizations in accordance with law;

b/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, supporting and creating conditions for overseas Vietnamese agencies and organizations in properly performing their functions, tasks and powers in accordance with the Vietnamese law, laws of host countries and international law;

c/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, examining dossiers for establishment of overseas Vietnamese agencies and organizations, then submitting them to the Prime Minister;

d/ To coordinate with concerned ministries and branches in supporting and creating favorable conditions for and managing activities of Vietnamese delegations on overseas working trips; to sum up and report on a regular or extraordinary basis activities of these delegations.

19. To uniformly manage the operation of Vietnam-based diplomatic missions, consulates, honorary consulates and representative offices of inter-governmental organizations in accordance with Vietnamese and international laws.

20. Regarding the conclusion and implementation of international treaties and agreements:

a/ To assume the prime responsibility for state management of the conclusion of, accession to, and implementation of treaties;

b/ To evaluate proposals of ministries, branches and agencies for negotiation and conclusion of treaties before proposing them to the Government;

c/ To assume the prime responsibility for, and coordinate with concerned agencies and organizations in, proposing to the Government the negotiation and conclusion of treaties on peace, security, border, territory and national sovereignty and treaties within its state management scope;

d/ To organize the compilation and publication of directories of treaties to which the Socialist Republic of Vietnam is a contracting party or has acceded;

e/ To perform the tasks of state management of treaties and other international agreements under the Law on Conclusion of, Accession to, and Implementation of Treaties.

21. Regarding the organizational structure, state payroll and personnel:

a/ To appoint and dismiss diplomatic posts; to confer diplomatic ranks according to its competence; to elaborate and promulgate professional qualifications of public employees and professional staffs of the diplomatic service in accordance with law;

b/ To train, retrain and examine professional knowledge and skills of cadres and public employees of the diplomatic service and cadres in charge of external affairs of ministries, branches and localities;

c/ To manage its own organizational structure and state payroll; to direct the implementation of regulations on salaries and other entitlements and policies toward cadres and public employees under its management.

22. To inspect and examine the observance of legal provisions on domains under its state management; to organize the reception of citizens, settlement of complaints and denunciations; to prevent and combat corruption and wastefulness and handle law violations in domains under its state management and in accordance with law.

23. To manage its assigned financial sources and assets and organize the implementation of its allocated budget funds in accordance with law.

24. To decide on and direct the implementation of its administrative reform program under the program and master plan on state administrative reform approved by the Government and the Prime Minister.

25. Regarding the management of public services, non-business organizations and funds in branches and domains under its state management:

a/ To decide on specific guidelines and measures and direct the implementation of operation mechanisms of public-service organizations under its management in accordance with law;

b/ To organize the classification, grading and management, and direct the operation of its attached non-business organizations in accordance with law;

c/ To manage the organization and operation of funds under its management in accordance with law.

26. To perform the state management of the operation of domestic and foreign associations and non-governmental organizations under its state management in accordance with law.

27. To perform other tasks under the assignment or authorization by the Government or the Prime Minister.

Article 3.- Organizational structure of the Ministry

1. The ASEAN Department.

2. The Southeast Asia, South Asia and South Pacific Department.

3. The Northeast Asia Department.

4. The Europe Department.

5. The Department of Americas

6. The Department for West Asia and Africa.

7. The Policy Planning Department;

8. The International Organizations Department;

9. The International Treaty Department;

10. The Department for Multilateral Economic Cooperation;

11. The Department of Economic Affairs.

12. The External Culture and UNESCO Department;

13. The Department for Information and Press;

14. The Department for Organization and Personnel;

15. Office of the Ministry;

16. The Inspector Department;

17. The Department for Information Security;

18. The Department for Consular Affairs;

19. The Department for State Protocol;

20. The Administrative and Financial Department;

21. The Committee of Overseas Vietnamese;

22. The Committee for Frontier Issues;

23. The Ho Chi Minh City Department for Foreign Affairs;

24. The Service Department for Diplomatic Corps;

25. The Institute for International Relations;

26. The Foreign Press Center;

27. The National Translation and Interpretation Center;

28. The Information Center;

29. "Vietnam and the World" Newspaper;

30. Vietnamese Embassies;

31. Permanent missions of the Socialist Republic of Vietnam in foreign countries and to the United Nations and inter-governmental organizations;

32. Consulates general and consulates.

The units specified in Clauses 1 thru 23 of this Article are organizations assisting the Minister in performing the function of state management; those specified in Clauses 24 thru 29 of this Article are state non-business organizations under the Ministry.

The organizations specified in Clauses 30, 31 and 32 of this Article are overseas Vietnamese representative missions uniformly managed by the Ministry of Foreign Affairs.

The Departments for Europe; International Law and Treaties; and Organization and Personnel may organize their sections.

The Minister of Foreign Affairs shall propose the Prime Minister to define the functions, tasks, powers and organizational structures of the Committee for Frontier Issues, the Committee for Overseas Vietnamese, the Department for State Protocol and the Academy of Diplomacy; and promulgate a list of other non-business organizations of the Ministry.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 21/2003/ND-CP of March 10, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs. To annul all previous stipulations which are contrary to this Decree.

Article 5.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.