Laws of Vietnam

THE PRIME MINISTER

Pursuant to decisions of the heads of the States and Governments of the Association of Southeast Asian Nations (ASEAN) and top leaders of the dialogue countries at ASEAN + 1 summits;

At the proposals of the Minister of Trade and the Minister-Director of the Government Office,

DECIDES:

Article 1.- To establish the inter-ministerial working team for performance of the tasks of economic cooperation negotiations between ASEAN and partners outside the Association, hereinafter called the inter-ministerial working team. The inter-ministerial working team has the following tasks:

1. To study and elaborate Vietnam's plans for negotiations on economic cooperation agreements between ASEAN and each partner outside the Association, then submit them to the Prime Minister for approval.

2. To participate in negotiations between ASEAN and partners outside the Association on the basis of the plans already approved by the Prime Minister.

3. To disseminate and guide the concerned ministries, branches, localities and enterprises to implement agreements in the course of negotiation.

Article 2.- On organization and membership:

1. The Trade Minister, who is in charge of the work of Vietnam's accession to ASEAN under the Prime Minister's decision (Official Dispatch No. 96/VPCP-QHQT of February 16, 2004), shall be the head of the inter-ministerial working team, answerable for comprehensive direction of the contents and organization of negotiating groups in the inter-ministerial working team, in compliance with its relations within ASEAN and with partner countries as well as directing opinions of the Prime Minister.

2. The heads of negotiating groups in the inter-ministerial working team shall be the departmental-level officials of the Ministries of Trade, Finance, Planning and Investment, and Foreign Affairs, and decided by the head of the inter-ministerial working team, depending on the specific cooperation contents within ASEAN (deputy-heads of negotiating groups may be appointed if necessary).

3. The members of negotiating groups shall be the departmental-level officials or senior specialists of the Government Office and the Ministries of Trade, Foreign Affairs, Finance, Planning and Investment, Justice, Industry, Agriculture and Rural Development, Fisheries, Science and Technology, Natural Resources and Environment, Construction, Post and Telematics, Education and Training, Health, and Culture and Information, as well as Vietnam State Bank and Vietnam National Administration of Tourism.

4. The inter-ministerial working team may set up a technical assistance group in case of necessity.

5. The secretary of the inter-ministerial working team and functional negotiating delegations (concurrently acting as a member of the functional negotiating group) shall be an official of the departmental level or equivalent level of the Government Office.

Article 3.- To promulgate together with this Decision the Working Regulation of the inter-ministerial working team for economic cooperation agreements between ASEAN and partners outside the Association.

Article 4.- Funding for operation of the inter-ministerial working team shall be allocated from the State budget to the Trade Ministry according to the expenditure estimates of the inter-ministerial working team in the Trade Ministry's annual budget estimates.

Article 5.- The ministries and agencies shall have to create working conditions for members appointed to participate in the inter-ministerial working team or the technical assistance group.

Article 6.- This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 50/2002/QD-TTg of April 17, 2002 establishing the inter-ministerial working team for ASEAN-China Free Trade Area.

Article 7.- The ministers, the heads of the ministerial-level agencies and the heads of the Government-attached agencies shall have to implement this Decision.

For the Prime Minister
Deputy Prime Minister
VU KHOAN

Responsibilities and powers:

1. The Trade Minister shall bear all-round responsibility for directing, organizing and administering the inter-ministerial working team in negotiations on economic cooperation between ASEAN and partners outside the Association and Vietnam's negotiations within ASEAN.

a/ To direct and administer the working team's activities in studying and elaborating plans for submission to the Prime Minister for approval, and participate in negotiations on the basis of the plans already approved by the Prime Minister.

b/ To assign one of the members of the inter-ministerial working team to act as the head of Vietnam's group for negotiations between ASEAN and each partner, and set up negotiating groups, the task assignment must be made in detail, clearly and in writing.

c/ To decide on the convention, contents and participants of, and preside over, monthly, quarter and annual meetings of the inter-ministerial working team.

d/ To directly work with the ministries, branches, provincial/municipal People's Committees, agencies and research institutes in order to collect and synthesize information and research results related to negotiation contents and plans.

e/ Depending on negotiation requirements and contents, to take initiative in requesting the concerned ministries and branches to add or replace representatives participating in negotiating delegations, in accordance with the working contents of the inter-ministerial working team.

2. The heads of the negotiating groups in the inter-ministerial working team have the following responsibilities and powers:

a/ To submit to the direction and assignment by the head of the inter-ministerial working team in preparing contents for, and participating in, negotiations.

b/ To act as the leader of Vietnam's negotiating group participating in negotiations between ASEAN and each partner outside the Association on the basis of the contents and plans already approved by the Prime Minister.

c/ To recommend the negotiating groups' members suitable to the negotiation require-ments. To elaborate plans on annual operation funding of the inter-ministerial working team.

d/ To periodically report on negotiation results directly to the head of the inter-ministerial working team and notify the secretary of the inter-ministerial working team of negotiation contents and progress.

3. Members of the inter-ministerial working team:

The members of the inter-ministerial working team shall work on a part-time basis, having the following responsibilities:

a/ To propose negotiation plans related to the domains managed by their respective ministries or branches for inclusion into general plans.

b/ To participate in negotiation sessions under the assignment of the head of the working team and advise heads of the negotiating groups on matters related to the domains managed by their respective ministries or branches.

c/ To perform other tasks related to negotiation work assigned by the head of the inter-ministerial working team.

4. The secretary of the inter-ministerial working team shall have to monitor, attend and synthesize negotiation progresses, organize and coordinate research programs, assist the heads of negotiating groups in maintaining the consistency of Vietnam's negotiation objectives with different partners according to the Government's approved directing opinions; file petitions to the head of the inter-ministerial working team on necessary synthesized matters and is subject to the direction by the head of the inter-ministerial working team in preparing monthly, quarterly and annual reports for the Prime Minister.

5. The technical assistance group assisting the inter-ministerial working team:

The technical assistance group is set up to render technical and professional assistance to negotiating groups under the assignment of the head of the inter-ministerial working team. The group's members are specialists appointed by the concerned ministries and branches at the proposal of the head of the inter-ministerial working team.

6. The members of the inter-ministerial working team and the technical assistance group participating in negotiation sessions shall enjoy regimes on working conditions and allowances during the preparation and performance of negotiation sessions at home and abroad according to the regimes towards the Government's delegation for international economic-trade negotiations (for WTO accession), set up under the Prime Minister's Decision No. 30/2003/QD-TTg of February 21, 2003.

For the Prime Minister
Deputy Prime Minister
VU KHOAN