Joint Circular No. 03/2012/TTLT-BNG-BNV guiding the management and operation of activities of dispatched officials at representative offices of the Socialist Republic of Vietnam abroad

JOINT CIRCULAR

Guidelines on the management and operation of activities of dispatched officials

atdiplomatic missions of the Socialist Republic of Vietnam abroad

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Pursuant to the Law on Diplomatic Missions of the Socialist Republic of Vietnam Abroad dated June 18, 2009;

Pursuant to the Civil Servants Law dated November 13, 2008,

Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government stipulating recruitment, utilization and management of civil servants;

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;

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

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security.

The Ministry of Foreign Affairs and the Ministry of Public Security issue these Joint Circulars guiding the management and operation of activities of dispatched officials at diplomatic missions of the Socialist Republic of Vietnam abroad as follows:

Article 1. Scope of Regulation and Applicability

1. These Circulars guide the procedures for dispatching and appointing members of diplomatic missions of the Socialist Republic of Vietnam abroad hereinafter referred to as diplomatic missions; mechanisms for coordination in managing and operating activities; reporting systems, information provision, evaluation, rewards, and disciplinary measures for dispatched officials at diplomatic missions.

2. The objects of application of these Circulars include supervisory agencies, diplomatic missions, heads of diplomatic missions, and dispatched officials at diplomatic missions.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. "Dispatched official" refers to civil servants and public officials of ministries and sectors who are dispatched to the Ministry of Foreign Affairs to be assigned to work at diplomatic missions according to the allocated quota of dispatched positions, in compliance with relevant laws.

"Dispatched official" does not include the head of a diplomatic mission and does not include civil servants and public officials of ministries and sectors that have not been allocated a quota but are proactively arranged by the Ministry of Foreign Affairs within its own quota.

2. "Dispatched position quota" refers to the number of positions of each ministry and sector at diplomatic missions.

3. "Supervisory agency" refers to the ministry or sector where dispatched officials work at diplomatic missions.

Article 3. Procedures for Dispatching and Appointing Members of Diplomatic Missions, Extending or Shortening the Term of Service of Dispatched Officials

1. Annually, the Ministry of Foreign Affairs collaborates with supervisory agencies to review the dispatched position quotas at diplomatic missions, positions that need replacement, reduction, supplementation, extension, or shortening of terms of service; compile lists and requirements for standards for positions that need replacement or supplementation to implement.

2. Based on the results of the review as stipulated in Clause 1 of this Article, the supervisory agency issues a written decision regarding the dispatch of dispatched officials to the Ministry of Foreign Affairs to be assigned to work at diplomatic missions for their term of service.

The document from the supervisory agency regarding the dispatch of dispatched officials to the Ministry of Foreign Affairs must clearly state: the position, rank, or occupational title, salary grade currently enjoyed in the country of the dispatched official, name of the diplomatic mission, position being replaced or supplemented.

3. On the basis of the document from the supervisory agency, taking into account the degree of meeting the standards for members of diplomatic missions and the organizational structure of the diplomatic mission, the Minister of Foreign Affairs decides to appoint dispatched officials as members of diplomatic missions, decides on the appointment of positions, living allowances, and other benefits and policies for dispatched officials as prescribed by law.

The Ministry of Foreign Affairs has the responsibility to organize guidance, training, and testing of foreign affairs knowledge, foreign languages, and when necessary, technical skills such as consular services, accounting, and reception for dispatched officials before appointing them to corresponding positions at diplomatic missions.

4. The Minister of Foreign Affairs will not appoint dispatched officials as members of diplomatic missions in the following cases:

a) The dispatched position quota of the related ministry or sector at the diplomatic mission has been fully utilized;

b) The dispatched official does not meet the general standards for members of diplomatic missions or the requirements and standards for the intended position;

c) The dispatched official is restricted or prohibited from traveling abroad under the provisions of the law.

5. The Minister of Foreign Affairs decides to extend the term of service of dispatched officials based on the proposal of the supervisory agency and the head of the diplomatic mission. The Minister of Foreign Affairs agrees with the supervisory agency on cases where dispatched officials cannot extend their term of service and informs the head of the diplomatic mission to arrange for dispatched officials to complete their term and return home.

6. In case of work requirements, health reasons, or other objective reasons, based on the proposals of the supervisory agency and the head of the diplomatic mission, the Minister of Foreign Affairs decides to shorten the term of service of dispatched officials. Dispatched officials whose term of service is shortened as provided in this clause shall not be considered as violating discipline.

7. The Ministry of Foreign Affairs is responsible for conducting the procedures to transfer dispatched officials back to the supervisory agency when dispatched officials complete their term and return home.

Article 4. Management, guidance, and direction of the supervising agency towards dispatched officials

1. The supervising agency shall manage the staffing of civil servants for dispatched officials; receive them back and assign appropriate work when the dispatch period ends.

2. The supervising agency is responsible for appointing dispatched officials with professional qualifications that meet job requirements and are suitable for their positions at representative offices.

3. The supervising agency shall develop programs and plans with guiding principles for dispatched officials and coordinate with the Ministry of Foreign Affairs to direct representative offices to assign dispatched officials to carry out these tasks, while incorporating them into the general work program and plan of the representative office, except in special cases.

4. For specialized tasks, the supervising agency has the right to directly assign duties to dispatched officials. Dispatched officials are responsible for reporting to the head of the representative office on tasks assigned by the supervising agency to ensure necessary coordination and direction from the head of the representative office.

5. In necessary cases, the supervising agency may request the head of the representative office to decide on the return of dispatched officials to the country or assignment to work in another country based on professional requirements and the work plan of the representative office.

Article 5. Management, direction, and administration of the head of the representative office towards dispatched officials

1. The head of the representative office shall accept and assign work to dispatched officials based on the appointment decision of the Minister of Foreign Affairs, in accordance with work requirements and organizational structure of the representative office; check the performance of tasks, ensure administrative discipline and labor discipline; implement regulations and policies for dispatched officials according to the law and decisions of the Minister of Foreign Affairs.

2. Based on the work program and plan of dispatched officials established by the supervising agency, the head of the representative office shall assign and direct dispatched officials to fulfill specific requirements and tasks in line with the overall work requirements of the representative office, providing conditions for dispatched officials to complete tasks assigned by the supervising agency.

3. Based on the actual situation of the representative office and the professional qualifications of dispatched officials, the head of the representative office shall decide on the assignment of dispatched officials to concurrently handle different areas of work within the representative office, and notify the supervising agency and the Ministry of Foreign Affairs.

Article 6. Coordination mechanism between the supervising agency and the representative office and its head in directing work for dispatched officials

1. The supervising agency is responsible for coordinating with the Ministry of Foreign Affairs to direct the representative office to implement tasks with guiding principles and important matters.

2. In cases where the assignment of tasks or guidance from the supervising agency to dispatched officials is not suitable for the actual situation of the representative office or due to the characteristics of the locality, the head of the representative office is responsible for requesting the supervising agency to adjust accordingly.

3. In cases where there is disagreement between the head of the representative office and the supervising agency in directing and guiding dispatched officials, the head of the representative office is responsible for reporting and requesting the supervising agency and the Ministry of Foreign Affairs to coordinate and adjust accordingly. After the supervising agency and the Ministry of Foreign Affairs reach an agreement, the Ministry of Foreign Affairs is responsible for informing the representative office to implement.

In urgent situations, the head of the representative office has the authority to seek the opinion of the Ministry of Foreign Affairs for temporary handling, and simultaneously inform relevant agencies to coordinate and unify direction.

4. In the cases specified in Clauses 2 and 3 of this Article, dispatched officials are responsible for complying with decisions and directions from the head of the representative office.

Article 7. Reporting and Information Provisioning System for Detached Officials

Based on the requirements stipulated by the Ministry of Foreign Affairs, the competent authority, and the practical operations of the diplomatic mission, the head of the diplomatic mission shall establish the reporting system for the diplomatic mission and its subordinate units as follows:

1. Detached officials are responsible for reporting their assigned task implementation status to the head of the diplomatic mission; they must carry out regular and ad hoc reports related to their specialized field as prescribed by the head of the diplomatic mission.

2. The head of the diplomatic mission decides whether to send or authorize detached officials to send the reports mentioned in Clause 1 of this Article to the competent authority.

3. Detached officials are provided with information relevant to their specialized field and tasks by the head of the diplomatic mission.

4. In cases where issues arise concerning the assigned specialized work or important information affecting the operation of the diplomatic mission or relations between Vietnam and the receiving country or international organization, detached officials are responsible for promptly reporting to the head of the diplomatic mission for guidance and resolution.

Article 8. Evaluation, Reward, and Disciplinary Measures for Detached Officials

1. The head of the diplomatic mission collaborates with the competent authority to conduct annual evaluations and at the end of the term of service of detached officials to serve as a basis for the competent authority to appoint and arrange domestic positions.

2. Detached officials who achieve outstanding results during their term of service at the diplomatic mission will be rewarded by the diplomatic mission, the Ministry of Foreign Affairs, and the competent authority, considered for promotion in diplomatic rank, or recommended to the competent authority for rewards according to regulations.

3. In cases where detached officials violate discipline, depending on the severity and nature of the violation, based on the recommendation of the head of the diplomatic mission, the Ministry of Foreign Affairs will consult and reach consensus with the competent authority and instruct the head of the diplomatic mission to apply appropriate disciplinary measures.

In particularly serious cases, the head of the diplomatic mission may decide to repatriate detached officials who fail to complete their tasks or engage in actions causing severe consequences to national security or relations between Vietnam and the receiving country or international organization, while simultaneously reporting to the Minister of Foreign Affairs and the competent authority.

4. Annually and upon completion of the term of service, the diplomatic mission is responsible for informing the competent authority about the evaluation results of detached officials, as well as any rewards and disciplinary measures (if applicable) implemented at the diplomatic mission.

Article 9. Implementation Provisions

1. This Circular takes effect from October 1, 2012.

2. Competent authorities are responsible for coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security to implement this Circular and guide civil servants under their management to comply with it.

3. Diplomatic missions of the Socialist Republic of Vietnam abroad are responsible for organizing the implementation of this Circular.

4. During the implementation process, if there are difficulties, diplomatic missions and related agencies should report to the Ministry of Foreign Affairs and the Ministry of Public Security for research and amendment to ensure suitability.