Joint Circular No. 02/2015/TTLT-BNG-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Foreign Affairs under the People's Committee of provinces and centrally governed cities.

JOINT CIRCULAR

Guidelines for the functions, tasks, powers, and organizational structure of the Department of Foreign Affairs under the People's Committees of provinces and centrally governed cities

under the Provincial People's Committeeg

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Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Foreign Affairs and the Minister of Interior shall provide guidelines for 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 as provincial-level People's Committees) as follows:

Article 1. Position and Functions

1. The Department of Foreign Affairs is a specialized agency under the provincial-level People's Committee, with the function of advising and assisting the provincial-level People's Committee in state management over foreign affairs work and border territorial national work (hereinafter collectively referred to as foreign affairs work) of the locality; public services within the scope of state management of the Department as prescribed by law.

2. The Department of Foreign Affairs performs the function of advising the Provincial Party Committee (hereinafter collectively referred to as the Provincial Party Committee) through the Party Cadre Members' Group of the provincial-level People's Committee on policies for international integration, expanding relations, and comprehensively implementing foreign affairs work of the locality; organizing and managing Party foreign affairs work at the local level according to the regulations of the Party.

3. The Department of Foreign Affairs has legal personality, its own seal and separate account; it is subject to the direction and management of organization, staffing, and activities by the provincial-level People's Committee; at the same time, it is subject to the direction, guidance, and supervision of 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) Drafting decisions, directives, and other documents within the authority to issue of the provincial-level People's Committee regarding local foreign affairs work.

b) Drafting long-term plans, five-year plans, and annual plans, programs, projects, and proposals on foreign affairs work; programs and measures to organize the implementation of administrative reform tasks within the scope of management of the Department.

c) Drafting documents stipulating conditions, standards, and titles for the heads and deputy heads of units under the Department.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Drafting decisions and directives within the authority to issue of the Chairman of the provincial-level People's Committee regarding the field of local foreign affairs work.

b) Drafting decisions on the establishment, merger, division, and dissolution of organizations and units under the Department in accordance with the provisions of law.

3. Implementing legal regulatory documents, planning, programs, projects, and proposals on local foreign affairs work after approval; providing information, propaganda, dissemination, guidance, inspection, and supervision of the implementation of areas within the scope of management of the Department.

4. Advising the Provincial Party Committee on foreign affairs work:

a) Directing the expansion of foreign relations, policies, and timelines for international integration of the locality; drafting guiding documents, special resolutions, programs, plans, and activity proposals of the Provincial Party Committee; periodically or urgently compiling and proposing related measures concerning the foreign affairs work of the Provincial Party Committee.

b) Implementing the policies and regulations related to foreign affairs work of the Party and State.

c) Monitoring and urging the implementation of foreign affairs policies of the Provincial Party Committee, the implementation of Party foreign affairs activities according to the directions, policies, and programs approved by the Provincial Party Committee.

d) Serving as the main agency helping the Provincial Party Committee to manage uniformly the foreign affairs activities of the locality; coordinating foreign affairs activities of the Provincial Party Committee, government, Vietnam Fatherland Front, and mass organizations at the local level.

5. Regarding international cooperation work:

a) Advising on international cooperation and integration work of the locality in line with the foreign policy guidelines and laws of the State.

b) Building and implementing plans for international cooperation and integration of the locality, proposals for establishing friendly cooperative relations with foreign partners, reporting to the Ministry of Foreign Affairs as prescribed.

c) Serving as the liaison point between the provincial-level People's Committee and foreign diplomatic agencies, consular offices, non-governmental organizations from abroad, and representatives of international organizations in Vietnam.

6. Regarding economic foreign affairs work:

a) Assisting the provincial-level People's Committee in economic diplomacy work, building and implementing programs of foreign affairs activities serving the socio-economic development of the locality.

b) Serving as the liaison point between the provincial-level People's Committee and the Ministry of Foreign Affairs and Vietnamese representative offices abroad in promoting the potential and strengths of the locality; supporting the implementation of tasks related to trade promotion, investment, tourism, and protecting the legitimate rights and interests of local economic organizations abroad.

7. Regarding cultural foreign affairs work:

a) Assisting the provincial-level People's Committee in cultural diplomacy work, building and implementing programs and action plans for the Cultural Diplomacy Strategy in each period.

b) Serving as the liaison point between the provincial-level People's Committee and the Ministry of Foreign Affairs and Vietnamese representative offices abroad in organizing cultural foreign affairs events at the local level and introducing and promoting the image, people, and culture of the locality abroad.

8. On overseas Vietnamese work:

a) Implementing programs, plans, and policies for overseas Vietnamese at the local level.

b) Organizing information and propaganda on the policies of the Party and State towards overseas Vietnamese; mobilizing, guiding, and supporting overseas Vietnamese and their relatives in working, doing business, living, and studying at the local level.

c) Periodically summarizing, evaluating, and recommending solutions to issues related to overseas Vietnamese and their relatives at the local level, reporting to the Ministry of Foreign Affairs as prescribed.

9. Regarding consular work and protection of citizens:

a) Managing the entry-exit activities of officials and civil servants using diplomatic passports and official passports; receiving applications, inspecting, managing, and proposing issuance, extension, amendment, and supplementation of diplomatic passports and official passports at the local level in accordance with regulations.

b) Handling issues arising in the protection of citizens for overseas Vietnamese related to the locality, protecting the interests of local fishermen related to foreign factors, and consular work for foreigners at the local level.

c) Serve as the focal point for receiving and delivering results of applications for consular certification and legalization of documents at the local level when authorized by the Ministry of Foreign Affairs; receive and deliver results of applications for the issuance of APEC Business Travel Card (ABTC) if assigned by the provincial People's Committee.

10. Regarding border and territorial affairs:

a) Be the permanent agency of the provincial People's Committee for border and territorial affairs; assist the provincial People's Committee in performing state management functions regarding border and territorial affairs at the local level in accordance with the law and guidance from the Ministry of Foreign Affairs and relevant ministries and sectors.

b) Monitor, compile, and report to the provincial People's Committee and the Ministry of Foreign Affairs on the implementation of international treaties concerning borders and territorial affairs and issues arising along land and maritime borders at the local level.

c) Organize training sessions and disseminate laws, policies, and guidelines of the Party and State on border and territorial affairs; guide, inspect, and manage documents, maps, and files related to borders within the local jurisdiction; inspect, urge, and guide local agencies and units on state management of borders and territories.

11. Regarding protocol and reception work:

a) Implement state management over protocol and reception work in the locality.

b) Propose, develop, and promulgate regulations on protocol for foreign relations at the local level; organize inspections and guide the implementation of protocol regulations in local agencies, units, and areas.

c) Take charge of protocol and logistics for provincial leader delegations visiting abroad; organize protocol activities and receptions for foreign delegations visiting or transiting through the province to meet with provincial leaders.

12. Regarding external information work:

a) Serve as the focal point for relations with the Ministry of Foreign Affairs and Vietnamese representative offices abroad in implementing the local information and propaganda programs approved by the provincial People's Committee.

b) Provide local information to the Ministry of Foreign Affairs, Central Foreign Relations Board, and relevant agencies to support foreign propaganda work; coordinate with Vietnamese representative offices abroad to implement information and promotion activities for the province overseas.

c) Uniformly manage foreign journalists working in the media at the local level; develop activity programs, organize meetings and interviews with provincial leaders, provide directed information, monitor, and manage the activities of foreign journalists according to the law.

13. Regarding organization and management of outbound and inbound delegations:

a) Implement state management over provincial leader and local agency delegations traveling abroad (outbound delegations) and international delegations visiting the locality (inbound delegations).

b) Organize provincial leader delegations traveling abroad; serve as the focal point for liaison with the Ministry of Foreign Affairs, Central Foreign Relations Board, and Vietnamese representative offices abroad to support, guide, and manage outbound delegations according to regulations; review project proposals for outbound delegations, track, and compile statistics on outbound delegations under the management of the Provincial Party Committee and provincial People's Committee.

c) Develop and implement plans and proposals for welcoming international delegations visiting and working with provincial leaders; review and propose recommendations from local departments and agencies regarding provincial leaders hosting foreign guests; compile statistics on inbound delegations under the management of the Provincial Party Committee and provincial People's Committee.

14. Regarding organization and management of international conferences and seminars:

a) Organize and manage international conferences and seminars in the locality within the authority of the Chairman of the provincial People's Committee.

b) Serve as the focal point for receiving and reviewing conference and seminar applications; guide and inspect local agencies and units in implementing regulations on organizing and managing international conferences and seminars.

15. Regarding signing and implementing international agreements:

a) Implement state management over the signing and implementation of international agreements at the local level.

b) Monitor and urge the implementation of signed agreements; report and seek guidance from competent authorities on issues arising during the signing and implementation of international agreements at the local level.

16. Regarding non-governmental foreign organizations:

a) Serve as the focal point assisting the provincial People's Committee in managing the operations of foreign non-governmental organizations (NGOs) in the locality; provide opinions on issuing, extending, amending, and revoking registration certificates and other activities of foreign NGOs; guide and support foreign NGOs in procedures and surveys, project development, and implementation according to the law; inspect and supervise the activities of organizations and employees working for foreign NGOs; report to the Ministry of Foreign Affairs and the National NGO Work Committee as required.

b) Manage local activities related to relations and solicitation of non-governmental foreign aid; develop programs and plans and support local agencies and units in soliciting non-governmental foreign aid.

c) Review programs, projects, and aid agreements with foreign NGOs to ensure political and diplomatic requirements; urge management and financial reporting on non-governmental foreign aid.

d) Serve as the permanent agency of the local NGO Work Committee.

17. Regarding diplomatic inspection work:

a) Carry out administrative and specialized inspections at the local level as prescribed.

b) Conduct inspections on the implementation of policies, laws, and assigned tasks of agencies, organizations, and individuals under the jurisdiction of the Department.

c) Guide, inspect, resolve complaints and denunciations, and prevent corruption; guide and inspect subordinate units in implementing general legal provisions on inspection, complaint resolution, anti-corruption, thrift, and waste prevention; recommend suspension or cancellation of illegal provisions discovered through inspection.

18. Regarding professional training for foreign affairs work:

a) Propose, develop, and implement programs for enhancing knowledge and expertise in foreign affairs for local officials and civil servants.

b) Serve as the focal point for cooperation with the Ministry of Foreign Affairs and relevant agencies in implementing training programs on foreign affairs and international integration for local officials and civil servants.

19. Implement regular and ad hoc reports on the implementation of foreign affairs tasks as prescribed.

20. Implement administrative reform in accordance with the goals and contents of the provincial People's Committee's administrative reform program; organize the application of science and technology; build information systems and data storage bases to serve state management and specialized foreign affairs work; coordinate with the Ministry of Foreign Affairs to establish a nationwide database on local external activities.

21. Specify the functions, tasks, powers, and working relationships of units under the Department; manage organizational structure, staffing, implement salary systems, policies, incentives, training, promotion, appointment, dismissal, rewards, and disciplinary actions for civil servants and public officials within the Department's jurisdiction in accordance with laws and the provincial People's Committee's delegation.

22. Manage financial resources and assets assigned and organize the implementation of the budget allocated in accordance with the law and the division of labor by the provincial People's Committee.

23. Perform other tasks assigned by the Provincial Party Committee and the provincial People's Committee.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. The Department Leadership

a) The Department of Foreign Affairs shall have a Director and not more than three Deputy Directors;

b) The Director of the Department is the head of the Department, accountable to the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Department; responsible for reporting work to the provincial People's Committee, the Chairman of the provincial People's Committee, and the Minister of Foreign Affairs; report to the provincial People's Council, respond to voters' petitions, and answer questions from provincial People's Council deputies as required;

c) The Deputy Director of the Department assists the Director, accountable to the Director and the law for the tasks assigned;

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on professional standards issued by the Ministry of Foreign Affairs and in accordance with the law; the removal, resignation, rewards, disciplinary actions, and other policies for the Director and Deputy Directors of the Department are implemented according to the law.

2. Structure

a) The organizational structure of the Department includes:

- Office;

- Inspection;

- International Cooperation Division;

- Consular - Overseas Vietnamese Division;

- Border Management Division (only established in the Department of Foreign Affairs in provinces bordering neighboring countries by land and sea).

The establishment of specialized divisions under the Department must ensure comprehensive coverage of the Department's areas of work, clearly define the functions and responsibilities of each division, and avoid overlapping with other units within the Department.

b) The appointment and removal of Division Chiefs, Deputy Division Chiefs, Chief Inspectors, Deputy Chief Inspectors, Chief Secretaries, and Deputy Chief Secretaries under the Department shall be carried out in accordance with the law and the provincial People's Committee's delegation of personnel management authority.

c) Based on local characteristics and practical requirements, the Director of the Department of Foreign Affairs shall take the lead in coordinating with the Director of the Civil Service Department to submit to the provincial People's Committee for approval to establish affiliated organizations in accordance with approved planning and legal provisions.

3. Staffing

a) The staffing of civil servants and the number of employees (affiliated organization staff) of the Department are allocated based on job positions linked to functions, tasks, scope of operations, and within the total staffing of civil servants and affiliated organization staff in provincial administrative agencies and public service units authorized to allocate or approve.

b) Based on functions, tasks, organizational structure, job position list, civil servant grade structure, and professional title structure of public officials approved by the competent authority, the Department of Foreign Affairs shall annually develop staffing plans for civil servants and affiliated organization staff in accordance with legal regulations to ensure the fulfillment of assigned tasks.

Article 4. State Management of Foreign Affairs Work in Provinces Where the Department of Foreign Affairs Has Not Been Established

1. In provinces where the Department of Foreign Affairs has not been established, the Provincial People's Committee Office shall establish a Foreign Affairs Section.

The Foreign Affairs Section shall be directly under the direction of the Provincial People's Committee; the Provincial People's Committee Office shall ensure material and administrative support for the operations of the Foreign Affairs Section; the Director of the Provincial People's Committee Office shall perform state management functions regarding foreign affairs work at the local level pursuant to the authorization of the Chairman of the Provincial People's Committee.

2. The Foreign Affairs Section shall provide advice and assist the Director of the Provincial People's Committee Office in performing state management functions regarding foreign affairs work at the local level.

Based on the tasks stipulated in Article 2 of this Joint Circular, the Director of the Provincial People's Committee Office shall specify the specific duties and authorities of the Foreign Affairs Section.

3. The Foreign Affairs Section shall have a Head and no more than two Deputy Heads. The appointment of the Head and Deputy Heads of the Foreign Affairs Section shall be decided by the Director of the Provincial People's Committee Office based on professional standards and in accordance with the provisions of the law; the removal, dismissal, commendation, disciplinary action, and other policies for the Head and Deputy Heads of the Foreign Affairs Section shall be carried out according to the provisions of the law and the delegation of authority by the Provincial People's Committee.

4. The staffing of civil servants in the Foreign Affairs Section shall be determined by the Director of the Provincial People's Committee Office within the total staffing of civil servants of the Provincial People's Committee Office allocated by the Provincial People's Committee, ensuring sufficient staffing to fulfill assigned tasks effectively.

Article 5. State Management of Foreign Affairs Work for Administrative Units at the District Level with National Borders on Land, Sea, Islands, and Island Districts

1. For administrative units at the district level with national borders on land, sea, islands, and island districts, the People's Council and People's Committee Office or the People's Committee Office where the People's Council is not organized (hereinafter referred to collectively as the People's Committee Office at the district level) shall provide advice and assist the People's Committee at the district level in performing state management functions regarding foreign affairs work.

2. The staffing of dedicated civil servants responsible for state management of foreign affairs work in the People's Committee Office at the district level shall be included in the total number of civil servants of the district level approved by the competent authority. The Chairman of the People's Committee at the district level shall be responsible for assigning dedicated civil servants responsible for managing foreign affairs work in the People's Committee Office at the district level according to job positions, civil servant rank standards, and the quality, qualifications, and capabilities of the civil servants, ensuring the effective completion of assigned tasks.

Article 6. Implementation Organization

1. This Joint Circular shall take effect from August 12, 2015, and replace Joint Circular No. 02/2009/TTLT-BNG-BNV dated May 27, 2009, issued by the Ministry of Foreign Affairs and the Ministry of Home Affairs guiding the functions, duties, authorities, and organizational structure of the Department of Foreign Affairs under the People's Committees of provinces and centrally-administered cities.

2. Provincial People's Committees and centrally governed city People's Committees:

a) Specify the specific duties, authorities, and organizational structure of specialized agencies for foreign affairs in accordance with the guidance of the Ministry of Foreign Affairs and the Ministry of Home Affairs;

b) Manage the organizational structure, job positions; staffing of civil servants, civil servant rank structure in specialized agencies for foreign affairs; job positions, staff structure by occupational titles and the number of personnel working in public service units.

3. The Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for organizing the implementation of this Joint Circular.

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