Joint Circular No. 02/2009/TTLT-BNG-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Foreign Affairs under the Provincial People's Committee

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of the Department of Foreign Affairs under the People's Committee at the provincial level

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, and cities under provinces;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Foreign Affairs and the Ministry of Home Affairs provide guidelines on the functions, tasks, powers, and organizational structure of the Department of Foreign Affairs under the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as the provincial level) as follows:

Article 1. Position and Functions

1. The Department of Foreign Affairs is a specialized agency under the People's Committee at the provincial level, having the function of advising and assisting the People's Committee at the provincial level in managing state affairs related to foreign affairs work, national border territory (in provinces with land national borders); public services within the scope of management of the Department, and performing other tasks and powers according to the delegation and authorization of the People's Committee at the provincial level and as prescribed by law.

2. The Department of Foreign Affairs has legal personality, its own seal and separate bank account; it is subject to direction and management regarding organization, staffing, and personnel work by the People's Committee at the provincial level; simultaneously, it is subject to direction, guidance, inspection, and audit regarding professional matters by the Ministry of Foreign Affairs.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the provincial People's Committee:

a) Draft decisions, directives, and other documents within the authority to issue of the People's Committee at the provincial level concerning foreign affairs work, national border territory (in provinces with land national borders);

b) Draft plans for long-term, five-year, and annual programs, projects, and proposals on foreign affairs work, national border territory (in provinces with land national borders); measures to organize the implementation of administrative reform tasks in the field of foreign affairs and national border territory within the scope of management of the Department;

c) Draft regulations on qualification standards for heads and deputy heads of units under the Department.

2. Submit to the Chairman of the People's Committee at the provincial level:

a) Draft decisions and directives within the authority to issue of the Chairman of the People's Committee at the provincial level concerning foreign affairs work, national border territory (in provinces with land national borders);

b) Draft decisions on the establishment, merger, dissolution of units under the Department in accordance with the provisions of law.

3. Guide, inspect, and organize the implementation of regulatory documents, plans, programs, projects, and other issues concerning foreign affairs work, national border territory (in provinces with land national borders); after approval, organize information dissemination, propaganda, popularization, and education on areas within the scope of management of the Department.

4. Organize and manage outbound and inbound delegations:

a) Uniformly manage outbound delegations and receive foreign delegations, international delegations visiting and working in the province according to the law and the delegation of the People's Committee at the provincial level;

b) Organize the reception of international delegations visiting and working with the People's Committee at the provincial level; take the lead and coordinate with relevant units to organize outbound delegations of leaders of the People's Committee at the provincial level; compile statistics and summarize outbound delegations of officials and civil servants under the management of the People's Committee at the provincial level.

5. Regarding consular work:

a) Receive applications, check, manage, and propose issuance, extension, amendment, and supplementation of diplomatic passports and service passports in accordance with the law;

b) Coordinate with relevant departments to implement immigration procedures for Vietnamese citizens and foreigners in the province; monitor and compile statistics on migration of Vietnamese citizens and foreigners in the province; handle sensitive and complex issues arising in local consular work.

c) Guide and manage the activities of foreign individuals and organizations related to the people, property, travel, business, living, studying, working, tourism, trade, investment in the province in compliance with Vietnamese laws.

6. Regarding foreign information:

a) Coordinate with relevant agencies to implement local external information dissemination and propaganda programs approved by the People's Committee at the provincial level;

b) Provide information related to the locality to serve external propaganda work for the Ministry of Foreign Affairs and competent agencies;

c) Organize the collection, analysis, and compilation of information on international and regional political-security and economic situations to serve the socio-economic development of the locality;

d) Uniformly manage foreign journalists' press activities in the locality; develop activity programs, organize interviews and responses from leaders of the People's Committee at the provincial level, provide directed information, monitor and manage the activities of foreign journalists in accordance with the law.

7. Regarding non-governmental organizations and foreign individuals:

a) Coordinate with relevant agencies to promote and manage the activities of aid programs or projects of humanitarian, development, and emergency assistance from foreign NGOs helping the locality in accordance with the law;

b) Support administrative procedures for the implementation of humanitarian, development, and emergency assistance programs or projects by foreign NGOs helping the locality.

8. Regarding national border territory:

a) Is the permanent office of the Provincial People's Committee for national border work; assists the Provincial People's Committee in implementing tasks related to national borders at the local level as prescribed by law;

b) Is the permanent office of the Provincial Border Delimitation and Marker Establishment Steering Committee; takes the lead and coordinates with relevant agencies in developing plans and organizing unilateral and bilateral surveys; coordinates with relevant agencies in implementing border delimitation and marker establishment according to the requirements of the Provincial Border Delimitation and Marker Establishment Steering Committee;

c) Monitors, compiles, and reports to the Provincial People's Committee and the Ministry of Foreign Affairs on the implementation of international treaties regarding national borders, land border management regulations, and disputes arising on land and sea within the province;

d) Organizes training sessions to disseminate laws, policies, and guidelines of the Party and State regarding national borders; guides, inspects, and manages documents, maps, and files related to borders within the jurisdiction of the locality.

9. Regarding foreign economic affairs:

a) Assists the Provincial People's Committee in implementing foreign activities programs serving the socio-economic development of the locality after approval by competent authorities;

b) Coordinates with relevant agencies and overseas Vietnamese representative offices in collecting, selecting, and vetting foreign partners for business, joint ventures, economic cooperation, and investment in the locality as assigned by the Provincial People's Committee;

c) Participates in economic promotion, trade, investment, tourism, and building a suitable investment environment in line with the socio-economic development strategy of the locality; assists local enterprises in expanding cooperation with other countries.

10. Regarding foreign cultural affairs:

a) Implements the cultural foreign affairs program of the locality after approval by the Provincial People's Committee;

b) Coordinates with relevant agencies in organizing cultural events and promoting the image of people and culture of the locality abroad.

11. Regarding overseas Vietnamese:

a) Implements programs, plans, and policies for overseas Vietnamese in the locality as guided by the Ministry of Foreign Affairs;

b) Coordinates with provincial departments and agencies in information dissemination and propaganda about policies towards overseas Vietnamese; mobilizes, guides, and supports overseas Vietnamese and their relatives in the locality in various activities;

c) Regularly summarizes, evaluates, and proposes recommendations to resolve issues related to overseas Vietnamese and their relatives in the locality.

12. Organizing conferences, seminars, signing and implementing international agreements; implementing international treaties at the local level:

a) Uniformly manages activities related to organizing conferences, seminars, signing and implementing international agreements, and implementing international treaties as prescribed by law;

b) Reports and seeks guidance from competent authorities on complex issues arising in foreign affairs and national border work (for provinces with land borders) in the locality.

13. Implementing the administrative reform program of the Department according to the goals and content of the Provincial People's Committee's administrative reform program.

14. Providing professional guidance to staff working in foreign affairs and border management under the County People's Committee (with land borders).

15. Organizing research and application of scientific and technological advancements; building databases, information systems, and archives to support state management and professional work in foreign affairs and border management.

16. Inspecting, investigating, handling violations, resolving complaints and denunciations; preventing corruption; practicing thrift and combating waste in foreign affairs and border management as prescribed by law or as delegated by the Provincial People's Committee.

17. Conducting comprehensive statistics, information collection, and regular and ad hoc reporting on the implementation of assigned foreign affairs and border management tasks according to the Provincial People's Committee and the Ministry of Foreign Affairs' regulations.

18. Defining functions, tasks, powers, and working relationships of units under the Department; managing organizational structure, salary system, policies, incentives, training, appointment, dismissal, rewards, and disciplinary actions for officials and employees under its jurisdiction as prescribed by law and delegated by the Provincial People's Committee.

19. Managing finances and assets allocated and implementing the budget as prescribed by law and delegated by the Provincial People's Committee.

20. Performing other tasks assigned by the Provincial People's Committee and as prescribed by law.

Article 3. Organizational Structure

1. The Department Leadership

a) The Department of Foreign Affairs has a Director and not more than three Deputy Directors.

b) The Director of the Department is the head of the Department, responsible to the Provincial People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Department;

c) The Deputy Director of the Department assists the Director, responsible to the Director and the law for assigned tasks; when the Director is absent, a Deputy Director appointed by the Director may manage the Department's operations;

d) The appointment of the Director and Deputy Directors is decided by the Chairman of the Provincial People's Committee based on professional standards issued by the Ministry of Foreign Affairs and as prescribed by law; the removal, disciplinary action, rewards, and other policies for the Director and Deputy Directors are implemented as prescribed by law.

2. Structure

a) Unified organizations established include:

- Office;

- Inspection;

(Planning and finance, organization and personnel under the Department Office)

b) Based on the nature, characteristics, and specific management requirements for the foreign affairs sector at the local level, the Director of the Department of Foreign Affairs shall take the lead in coordinating with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for a decision on the specific number and names of specialized and functional departments under the Department, ensuring comprehensive coverage of all areas within the scope of the Department’s management, but the total number of departments, offices, and inspection units under the Department shall not exceed five units.

c) Based on the characteristics and actual needs of the locality, the Director of the Department of Foreign Affairs shall take the lead in coordinating with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for a decision on establishing public service organizations under the Department according to the planning approved by the competent authority and in accordance with the law.

Article 4. Establishment

1. The administrative establishment of the Department of Foreign Affairs is decided by the Provincial People's Committee within the total administrative establishment of the province allocated by the central government.

2. The public service establishment of units under the Department is decided by the Provincial People's Committee based on the staffing norms and in accordance with the law.

Article 5. State Management of Foreign Affairs Work and National Territorial Border Management in Provinces Not Meeting the Conditions for Establishing a Department of Foreign Affairs

1. Provinces that do not meet the criteria for establishing a Department of Foreign Affairs as stipulated in points a and b of Clause 1 of Article 9 of Decree No. 13/2008/NĐ-CP dated February 4, 2008, issued by the Government on the organization of specialized agencies under the People's Committees of provinces and centrally-run cities, shall establish a Foreign Affairs Office under the People's Committee Office of the province.

The Foreign Affairs Office shall be directly guided by the Provincial People's Committee; the People's Committee Office shall ensure material and administrative support for the activities of the Foreign Affairs Office; the Head of the People's Committee Office shall perform state management functions regarding foreign affairs work and national territorial border management (in provinces with land borders) in the locality pursuant to the authorization of the Chairman of the Provincial People's Committee.

The Foreign Affairs Office shall have the function of advising and assisting the Head of the People's Committee Office in performing state management functions regarding foreign affairs work and national territorial border management (in provinces with land borders) in the locality. Based on the tasks prescribed in Article 2 of this Circular, the Head of the People's Committee Office shall specify the specific duties and powers of the Foreign Affairs Office.

The Foreign Affairs Office shall have a Director and no more than two Deputy Directors.

The appointment of the Director and Deputy Directors of the Foreign Affairs Office shall be decided by the Head of the People's Committee Office based on professional standards and in accordance with the law; the removal, dismissal, commendation, disciplinary action, and other policies for the Director and Deputy Directors of the Foreign Affairs Office shall be implemented in accordance with the law and the delegation of the Provincial People's Committee.

2. The administrative establishment of the Foreign Affairs Office is decided by the Head of the People's Committee Office within the total administrative establishment of the People's Committee Office allocated by the Provincial People's Committee.

Article 6. Implementation Organization

1. This Circular shall take effect 45 days from the date of issuance and shall replace Circular Jointly Issued No. 22/2005/TTLT-BNG-BNV dated December 22, 2005, of the Ministry of Foreign Affairs and the Ministry of Home Affairs guiding the functions, duties, powers, and organizational structure of agencies assisting the People's Committees of provinces and centrally-run cities in managing state affairs related to foreign activities and border management in the locality.

2. Provincial People's Committees:

a) To specifically define the functions, duties, powers, and organizational structure of the Department of Foreign Affairs; to guide the People's Committees of districts to specifically define their duties, powers, and to allocate sufficient staff and civil servants for foreign affairs and border work (for district-level units with land borders).

b) Based on the characteristics, economic and social development situation, and the requirements of state management functions regarding foreign affairs work in the locality, to decide on the establishment, merger, dissolution, division, reorganization of public service organizations under the Department of Foreign Affairs according to the planning already approved by the competent authority and as directed in this Circular.

3. The Chairmen of the People's Committees of provinces and centrally-run cities are responsible for organizing the implementation of this Circular.

During the implementation process, if there are emerging issues or difficulties, the provinces and centrally-run cities shall promptly reflect them to the Ministry of Foreign Affairs and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.