Circular No. 06/2016/TT-BNG guides the implementation of Article 15 of Government Decree No. 17/2014/NĐ-CP dated March 11, 2014 on the content of specialized inspection.

CIRCULAR

GUIDELINES FOR IMPLEMENTING ARTICLE 15 OF DECREE NO. 17/2014/NĐ-CP OF THE GOVERNMENT ON THE ORGANIZATION AND OPERATIONS OF FOREIGN AFFAIRS INSPECTION

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BASED ON THE INSPECTION LAW NO. 56/2010/QH12 OF NOVEMBER 15, 2010;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

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;

BASED ON DECREE NO. 17/2014/NĐ-CP OF MARCH 11, 2014 OF THE GOVERNMENT ON THE ORGANIZATION AND OPERATIONS OF FOREIGN AFFAIRS INSPECTION;

AT THE PROPOSAL OF THE HEAD OF THE FOREIGN AFFAIRS INSPECTION DEPARTMENT;

THE MINISTER OF FOREIGN AFFAIRS ISSUES THIS CIRCULAR TO PROVIDE GUIDANCE ON THE IMPLEMENTATION OF ARTICLE 15 OF DECREE NO. 17/2014/NĐ-CP OF MARCH 11, 2014 OF THE GOVERNMENT ON THE CONTENT OF SPECIALIZED INSPECTION AS FOLLOWS:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS CIRCULAR GUIDES THE CONTENT OF SPECIALIZED FOREIGN AFFAIRS INSPECTION AS PROVIDED IN ARTICLE 15 OF DECREE NO. 17/2014/NĐ-CP OF MARCH 11, 2014 OF THE GOVERNMENT ON THE ORGANIZATION AND OPERATIONS OF FOREIGN AFFAIRS INSPECTION (HEREINAFTER REFERRED TO AS DECREE NO. 17/2014/NĐ-CP).

Article 2. Applicability

THIS CIRCULAR APPLIES TO THE INSPECTED ENTITIES AS PROVIDED IN ARTICLE 2 AND THE AUTHORITIES PERFORMING FOREIGN AFFAIRS INSPECTION FUNCTIONS AS PROVIDED IN ARTICLE 3 OF DECREE NO. 17/2014/NĐ-CP.

Chapter II

CONTENT OF SPECIALIZED FOREIGN AFFAIRS INSPECTION

Article 3. Inspection of international treaty work, international agreement work

1. Inspection of compliance with laws and regulations on the conclusion and implementation of international treaties within the scope of management of the Ministry of Foreign Affairs, including:

a) Compliance with provisions on the authority of ministries, ministerial-level agencies, and government agencies in proposing to conclude and implement international treaties, based on comparing with the functions and tasks of ministries, ministerial-level agencies, and relevant laws;

b) Compliance with provisions on principles for concluding international treaties, files, procedures, and deadlines during the process of concluding international treaties, including soliciting opinions from related agencies, the inspection opinion of the Ministry of Foreign Affairs, the examination opinion of the Ministry of Justice, submitting to the Government, the President of the State, sending the original to the Ministry of Foreign Affairs, submitting for approval, ratification, amendment, extension, termination of international treaties;

c) Compliance with provisions on reporting to the Ministry of Foreign Affairs on the situation of concluding and implementing international treaties;

d) Implementation of tasks to publicize and disseminate the contents of international treaties, posting international treaties on the electronic portal, drafting, issuing, or submitting for issuance, amendment, and supplementation of regulatory legal documents to implement international treaties (if necessary);

đ) Compliance with provisions on submitting for approval and implementing plans for the implementation of approved international treaties;

e) Inspection of other contents as provided in Article 81 of the International Treaties Law 2016 and other laws and regulations on international treaties.

2. Inspection of compliance with laws and regulations on the conclusion and implementation of international agreements within the scope of management of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs, including:

a) Compliance with principles for concluding international agreements: consistent with the functions, tasks, and authority of the agency as prescribed by law, not contrary to Vietnamese law;

b) Implementation of policies on concluding and implementing international agreements: effectiveness, necessity, actual implementation activities;

c) Compliance with procedures and formalities for concluding international agreements: soliciting opinions from the Ministry of Foreign Affairs and related ministries and sectors, reporting to the Prime Minister for comments in cases of differing opinions;

d) Compliance with provisions on reporting to the Ministry of Foreign Affairs on the situation of concluding and implementing international agreements;

đ) Compliance with provisions on submitting copies of international agreements to the Ministry of Foreign Affairs after signing;

e) Inspection of other contents as provided in Article 5 of the Ordinance on the Conclusion and Implementation of International Agreements dated April 20, 2007, and other laws and regulations on international agreements.

Article 4. Inspection of organizational and management work for international conferences and seminars in Vietnam

1. Inspect the implementation of legal provisions regarding the authority to organize and manage international conferences and seminars in Vietnam, including:

a) Compliance with regulations on authority and delegation of authority to permit the organization of international conferences and seminars as stipulated in Clause 1 and Clause 2 of Article 3 of Decision No. 76/2010/QD-TTg dated November 30, 2010 of the Government on organizing and managing international conferences and seminars in Vietnam (hereinafter referred to as Decision No. 76/2010/QD-TTg);

b) Compliance with regulations on reviewing the content and project proposals for permission to organize international conferences and seminars by central and local agencies within their respective authorities and delegated authority.

2. Inspect the implementation of legal provisions regarding procedures for organizing and managing international conferences and seminars, including:

a) Compliance with regulations on the documentation for organizing international conferences and seminars, including: proposal and project plan (or organization plan) for international conferences and seminars;

b) Compliance with obtaining written opinions from relevant state management agencies concerning the content of international conferences and seminars;

c) Compliance with organizing international conferences and seminars according to approved projects and plans, or suspending the organization of international conferences and seminars in cases where permission has not been granted;

d) Compliance with financial expenditure and settlement regulations for organizing international conferences and seminars as prescribed by law;

e) Compliance with regulations on reporting the results of international conferences and seminars to the competent authority granting permission to organize such events, the Ministry of Foreign Affairs, and related agencies.

3. Inspect the implementation of legal provisions regarding the responsibility for managing international conferences and seminars: compliance with regulations on the responsibility for managing international conferences and seminars as stipulated in Article 5 of Decision No. 76/2010/QD-TTg.

4. Inspect other contents as prescribed by law regarding the management and organization of international conferences and seminars in Vietnam.

Article 5. Inspection of management activities of foreign non-governmental organizations in Vietnam

1. Inspect the issuance, extension, amendment, supplementation, reissuance, and revocation of Registration Certificates for foreign non-governmental organizations in Vietnam:

a) The issuance, extension, supplementation, amendment, reissuance, and revocation of Registration Certificates for foreign non-governmental organizations in accordance with Articles 5 to 14 of Decree No. 12/2012/NĐ-CP dated March 1, 2012 of the Government on registration and management of foreign non-governmental organizations in Vietnam (hereinafter referred to as Decree No. 12/2012/NĐ-CP) and Articles 2 to 10 of Circular No. 05/2012/TT-BNG dated November 12, 2012 of the Ministry of Foreign Affairs guiding the implementation of Decree No. 12/2012/NĐ-CP of the Government (hereinafter referred to as Circular No. 05/2012/TT-BNG);

b) Suspension and termination of operations of foreign non-governmental organizations in accordance with Article 15 of Decree No. 12/2012/NĐ-CP and Article 11 of Circular No. 05/2012/TT-BNG.

2. Inspect compliance with legal provisions by Vietnamese agencies and organizations in managing activities and cooperation with foreign non-governmental organizations:

a) Implementation of management, inspection, and supervision responsibilities of state management agencies as stipulated in Articles 24, 25, 26, 27, and 28 of Decree No. 12/2012/NĐ-CP and Article 20 of Circular No. 05/2012/TT-BNG;

b) Compliance with reporting systems of state management agencies as stipulated in Article 18 of Decree No. 12/2012/NĐ-CP and Article 19 of Circular No. 05/2012/TT-BNG;

c) Implementation of responsibilities of Vietnamese partner agencies as stipulated in Article 29 of Decree No. 12/2012/NĐ-CP and Article 2 of Circular No. 05/2012/TT-BNG and other laws governing the activities of foreign non-governmental organizations.

3. Inspect compliance with legal provisions by foreign non-governmental organizations in Vietnam:

a) Compliance with regulations on the activities of foreign non-governmental organizations, including: signing "Framework Agreements" with authorized Vietnamese agencies, implementing activities as stipulated in Article 2 of Circular No. 05/2012/TT-BNG; notifying activities as stipulated in Article 17 of Decree No. 12/2012/NĐ-CP and Article 16 of Circular No. 05/2012/TT-BNG; suspending and terminating activities as stipulated in Article 15 of Decree No. 12/2012/NĐ-CP and Article 11 of Circular No. 05/2012/TT-BNG; responsibilities of foreign non-governmental organizations as stipulated in Article 16 of Decree No. 12/2012/NĐ-CP;

b) Compliance with regulations on employees working for foreign non-governmental organizations as stipulated in Article 11 of Decree No. 75/2014/NĐ-CP dated July 28, 2014 of the Government detailing the implementation of certain provisions of the Labor Code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam and Clause 1 of Article 12 of Circular No. 05/2012/TT-BNG;

c) Compliance with workplace locations, operational areas, labor usage, and other matters consistent with the Registration Certificate as stipulated in Article 19 of Decree No. 12/2012/NĐ-CP and Article 7 of Circular No. 05/2012/TT-BNG.

4. Inspect and supervise the responsibilities of central and local state agencies regarding the activities of foreign non-governmental organizations as stipulated in Articles 27, 28, and 29 of Decree No. 12/2012/NĐ-CP and other related legal documents.

Article 6. Inspection of Consular Affairs

1. The use and management of diplomatic passports and official passports by ministries, sectors, and localities as prescribed in Decision No. 58/2012/QD-TTg dated December 24, 2012 of the Government on the use and management of diplomatic passports and official passports and Circular No. 02/2013/TT-BNG dated June 25, 2013 of the Ministry of Foreign Affairs guiding the issuance, extension, amendment, and supplementary issuance of diplomatic passports and official passports and the issuance of letters of request for visa issuance from foreign countries, including: regulations on the management of diplomatic passports and official passports; the establishment of passport management registers; mechanisms for the handover of passports, reporting procedures, and handling violations.

2. The implementation of legal provisions within the scope of administrative management of the Ministry of Foreign Affairs and the Department of Foreign Affairs, including: compliance with reporting systems by state management agencies regarding the activities of Vietnamese citizens traveling abroad: legal migration management, prevention of illegal migration, and handling issues related to migration of citizens.

3. Chairing and coordinating with relevant agencies to inspect and check entry, exit, transit, and residence of Vietnamese citizens and foreigners within the scope of administrative management of the Ministry of Foreign Affairs and the Department of Foreign Affairs as stipulated in Law No. 47/2014/QH13 on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on Exit and Entry of Vietnamese Citizens.

4. Inspecting other contents related to consular affairs within the scope of administrative management of the Ministry of Foreign Affairs and the Department of Foreign Affairs as prescribed by law.

Article 7. Inspection of Diplomatic Protocol Affairs

1. Inspect the implementation of regulations on diplomatic protocol affairs in organizing delegations to travel abroad, receiving foreign guests, diplomatic delegations, and international organizations.

a) Compliance with regulations on the authority to dispatch civil servants, public officials, and employees to travel abroad and procedures for organizing delegations to travel abroad and receiving foreign guests as prescribed;

b) Compliance with regulations on the review process by relevant agencies for project proposals and activity plans of Vietnamese delegations working abroad, including: time, location, specific components participating in each activity, level of interaction, publicity plan and requirements, accommodation and meal arrangements, means of transportation, list of documents or cooperation agreements expected to be signed or announced (if applicable);

c) Compliance with regulations on the review process by relevant agencies for project proposals and activity plans of delegations working in Vietnam, including: time, location, specific components participating in each activity, reception level, publicity plan and requirements, accommodation and meal arrangements, means of transportation, list of documents or cooperation agreements expected to be signed or announced (if applicable);

d) Compliance with regulations on coordination between Vietnamese delegations traveling abroad and Vietnamese representative offices abroad: sending documents to the representative office at least 30 working days before the delegation's visit so that the representative office can arrange the delegation's schedule with foreign agencies; in cases where the representative office is not requested to arrange the schedule, a notification must be sent at least 7 working days in advance;

đ) Compliance with reporting systems upon completion of overseas missions: submitting reports on the results of the mission to the competent authority for approval within 10 working days from the end of the mission.

2. Inspect the implementation of regulations and preferential treatment and exemptions granted to diplomatic missions, consular posts, representative offices of United Nations system organizations, intergovernmental international organizations in Vietnam, and members of these representative offices as prescribed in Articles 8, 9, and 10 of Decree No. 73/CP dated July 30, 1994 of the Government.

Article 8. Inspection of work related to the management of foreign press activities in Vietnam

1. Inspect compliance with legal regulations on the organization and operation of permanent offices of foreign press in Vietnam as stipulated in Article 7 and Article 9 of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government on the activities of foreign press, foreign representative agencies, and foreign organizations in Vietnam (hereinafter referred to as Decree No. 88/2012/ND-CP), including:

a) Procedures for establishing and closing permanent offices;

b) Activities of permanent offices.

2. Inspect the implementation of legal regulations on the management of foreign press activities of non-resident foreign correspondents as stipulated in Article 4, Article 5, and Article 6 of Decree No. 88/2012/ND-CP, including:

a) Procedures for granting permission for information and press activities of non-resident correspondents;

b) Information and press activities of non-resident correspondents;

c) Information and press activities of foreign correspondents accompanying foreign delegations.

3. Inspect the implementation of legal regulations on the management of foreign press activities of resident foreign correspondents as stipulated in Article 8, Article 10, Article 11, Article 12, Article 13, Article 14, and Article 15 of Decree No. 88/2012/ND-CP, including:

a) Procedures for appointing resident correspondents;

b) Information and press activities of resident correspondents;

c) Activities of press assistants and collaborators of permanent offices.

Article 9. Inspection of economic diplomacy work

Take the lead and coordinate with relevant agencies to inspect specialized work related to economic diplomacy, including:

1. The organization and implementation of diplomatic activities serving the economy according to the functions and tasks assigned to ministries, sectors, and localities as stipulated in Article 10 and Article 11 of Decree No. 08/2003/ND-CP dated February 10, 2003 of the Government on the activities of Vietnamese Representative Agencies abroad (hereinafter referred to as Decree No. 08/2003/ND-CP).

2. Coordination in implementing tasks to serve national economic development as stipulated in Article 6 of the Law on Vietnamese Representative Agencies Abroad and Articles 3, 4, 5, 6, 7, and 8 of Decree No. 08/2003/ND-CP.

3. Coordination in implementing tasks to develop the national economy: soliciting aid, securing funding sources, expanding import and export markets for goods and services, attracting tourism and foreign investment, arranging necessary resources for diplomatic economic activities, and implementing other legal provisions on diplomatic work serving the economy within the jurisdiction of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs.

Article 10. Inspection of cultural diplomacy work

1. Take the lead and coordinate with relevant agencies to inspect specialized work related to cultural diplomacy, including:

a) Implementation of the Regulation on the Organization of Vietnam Day Abroad issued together with Decision No. 33/2010/QD-TTg dated April 2, 2010 of the Prime Minister: coordination among ministries, sectors, and localities in building plans for organizing Vietnam Day Abroad as stipulated in Article 5 and Article 7; implementation of reporting requirements on organizing Vietnam Day Abroad as stipulated in Article 8;

b) Implementation of the Cultural Diplomacy Strategy until 2020 issued together with Decision No. 208/QD-TTg dated February 14, 2011 of the Prime Minister;

2. Coordinate with relevant agencies to inspect tasks related to the implementation of cultural diplomacy activities within the administrative jurisdiction of Provincial Departments of Foreign Affairs or as assigned by the People's Committees of provinces and centrally-administered cities.

3. Inspect other contents related to cultural diplomacy within the administrative jurisdiction of the Ministry of Foreign Affairs and Provincial Departments of Foreign Affairs as prescribed by law.

Article 11. Inspection of border and national territory work

Chairing and coordinating with relevant agencies to conduct specialized inspections on border and national territory work:

1. The issuance and implementation of legal documents, international treaties on borders and national territory; signing, cooperation, and implementation of international agreements in the construction, management, and protection of national borders.

2. The development and implementation of plans for propaganda, dissemination, and education on borders and national territory.

3. Compliance with international treaty provisions and procedures related to opening and upgrading border gates; cross-border roads, design, construction, and upgrading of facilities within border areas or border gate areas.

4. Implementation of the obligation to notify the Ministry of Foreign Affairs when conducting arrests, temporary detention, or temporary imprisonment of individuals violating laws or temporarily detaining foreign vessels according to Article 52 of the Law on the Sea 2012.

5. Compliance with legal provisions regarding publication and printing procedures for publications related to borders and national territory.

6. Compliance with legal provisions concerning the storage and use of documents on borders and national territory.

7. Inspecting other contents prescribed in Article 35 of the National Border Law dated June 17, 2003, Article 27 and Article 31 of Decree No. 140/2004/NĐ-CP dated June 25, 2004 of the Government detailing certain provisions of the National Border Law and other legal regulations on border and national territory work.

Article 12. Inspection of overseas Vietnamese work

1. Inspecting the implementation of legal provisions on overseas Vietnamese work by relevant agencies, organizations, and individuals, including:

a) The establishment of associations, legal personality status, and activities of social organizations related to overseas Vietnamese according to the law;

b) The implementation of legal provisions, current systems, and policies related to overseas Vietnamese; the implementation of goals, programs, and plans in overseas Vietnamese work that have been approved;

c) Compliance with legal provisions on overseas Vietnamese work at domestic agencies, organizations, and individuals;

d) Implementation of measures to protect the rights and legitimate interests of overseas Vietnamese in accordance with Vietnamese law, local law, and international law.

2. Inspecting the implementation of legal provisions on overseas Vietnamese work at local levels:

a) The dissemination and enforcement of legal normative documents related to overseas Vietnamese work, issuance of guidance documents for assigned tasks related to overseas Vietnamese work;

b) Research, planning, directing, and organizing the implementation of activities related to overseas Vietnamese work;

c) Implementation of information, reporting systems, and coordination with relevant agencies in resolving and supporting the resolution of protecting the rights and legitimate interests of overseas Vietnamese.

3. Inspecting complaints, denunciations, anti-corruption, and thrift work related to overseas Vietnamese work.

4. Inspecting the implementation of other tasks related to overseas Vietnamese work as stipulated in Directive No. 19/2008/CT-TTg dated June 6, 2008 of the Prime Minister on further strengthening the implementation of the Government's Action Program on overseas Vietnamese work and other legal regulations on overseas Vietnamese work.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from January 1, 2017.

2. During the implementation process, if legal normative documents cited in this Circular are amended, supplemented, or replaced by new legal normative documents, then the new legal normative documents shall be applied.

Article 14. Responsibility for Implementation

1. The Director of the Inspectorate of the Ministry, Heads of agencies and units under the Ministry of Foreign Affairs, Directors of Provincial Departments of Foreign Affairs, Heads of Provincial Inspectorates, and relevant individuals and organizations are responsible for implementing this Circular.

2. The Director of the Inspectorate of the Ministry shall monitor, inspect, and evaluate the implementation of this Circular and report periodically to the Minister of Foreign Affairs, and report promptly when necessary.

3. During the implementation process, if there are difficulties or obstacles, the Heads of agencies, units, organizations, and individuals are requested to promptly reflect them to the Ministry of Foreign Affairs for consideration, amendment, and supplementation to ensure appropriateness./.