Decree 104/2018/NĐ-CP guides the Law amending and supplementing certain articles of the Law on State Agencies Representing the Socialist Republic of Vietnam Abroad.

DECREE

Detailed regulations on certain provisions of the Law amending and supplementing certain provisions of the Law on agencies representing the Socialist Republic of Vietnam abroad

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009 and the Law Amending and Supplementing Certain Provisions of the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated November 21, 2017;

At the proposal of the Minister of Foreign Affairs;

and measures for implementationi To provide detailed regulations on certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Agencies Representing the Socialist Republic of Vietnam Abroad.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Agencies Representing the Socialist Republic of Vietnam Abroad regarding the preparation of budgets, management, use, and settlement of regular operating funds and specialized funds for specific activities in the field of trade (hereinafter referred to collectively as trade activity funds) at agencies representing the Socialist Republic of Vietnam abroad (hereinafter referred to as agencies), management of investment projects at agencies, and special cases of appointing Ambassadors Extraordinary and Plenipotentiary.

Article 2. Applicability

This Decree applies to agencies, relevant agencies, organizations, and individuals.

Chapter II

PREPARATION OF BUDGETS, MANAGEMENT, USE, AND SETTLEMENT OF TRADE ACTIVITY FUNDS OF THE MINISTRY OF INDUSTRY AND TRADE AT AGENCIES

Article 3. Trade activity funds at agencies

Trade activity funds of the Ministry of Industry and Trade at agencies are allocated within the budget of the Ministry of Industry and Trade.

Article 4. Preparation of budgets, allocation, transfer of budgets, and settlement of trade activity funds at agencies

1. Preparing budgets

Annually, at the time of preparing the state budget, the Ministry of Industry and Trade bases on current expenditure regulations and instructions on preparing the state budget issued by the Ministry of Finance, plans, and tasks to be implemented in the field of trade at agencies in the planning year to prepare the budget for trade activity funds, consolidate it into the state budget of the Ministry of Industry and Trade, submit it to the Ministry of Finance for consolidation and submission to the competent authority for decision-making and inclusion in the state budget of the Ministry of Industry and Trade.

2. Allocation and transfer of the budget

Based on the decision allocating the state budget, the Ministry of Industry and Trade implements the allocation of trade activity funds at agencies according to specific areas, report to the Ministry of Finance for inspection as prescribed.

3. Management, use, and settlement

The Ministry of Industry and Trade and the dispatched staff unit of the Ministry of Industry and Trade at agencies are responsible for managing, using, and consolidating the settlement of allocated funds in accordance with the State Budget Law and related laws.

Article 5. Responsibilities of the Ministry of Industry and Trade and the dispatched staff unit of the Ministry of Industry and Trade at agencies

1. The Ministry of Industry and Trade shall be responsible for:

a) Organize the preparation, allocation, management, use, and settlement of trade activity funds in accordance with the State Budget Law and related laws.

b) Guide and direct the dispatched staff unit of the Ministry of Industry and Trade at agencies to accept, manage, and use funds in accordance with regulations, collect complete expenditure vouchers, record accounting entries, and submit reports to the Ministry of Industry and Trade for the settlement of state budget funds as prescribed.

c) Control expenditures, review and approve settlement vouchers of the dispatched staff unit of the Ministry of Industry and Trade at agencies as prescribed.

2. The dispatched staff unit of the Ministry of Industry and Trade at agencies shall be responsible for:

a) Opening an account for the dispatched staff unit of the Ministry of Industry and Trade at a reputable commercial bank in the host country to record income (if any) and receive state budget funds for expenditure.

b) Manage funds, ensure the performance of the account holder's duties and other tasks related to the management, use, and settlement of funds in accordance with prescribed regulations.

Chapter III

MANAGEMENT OF INVESTMENT PROJECTS OF AGENCIES

Article 6. Principles for managing construction investment projects of representative agencies

1. The establishment, review, decision on investment orientation, and investment decision for construction projects of representative agencies from state investment capital shall be carried out in accordance with laws on state investment, applying relevant provisions of laws on construction, and specific provisions set forth in this Decree.

2. Contents related to technical standards, planning, historical preservation, cultural preservation, mandatory insurance responsibility, construction permits, construction contracts, conditions for construction business capacity, supervision of construction works, acceptance documents, and other special standards shall prioritize application according to the laws of the receiving country.

3. Determination of total project investment amount, construction project budget estimates including calculated quantities from basic design, calculated quantities from technical design, construction drawing design, work requirements, norms, unit prices shall prioritize application according to the laws of the receiving country.

4. Management and implementation contents of construction investment projects of representative agencies not specified in this Decree shall be implemented in accordance with relevant Vietnamese laws.

5. During the implementation of construction investment projects of representative agencies, the Ministry of Foreign Affairs shall coordinate with the Ministry of Public Security to ensure security and safety for representative agencies in accordance with laws on state secrets protection.

Article 7. Simplified procedures for establishing, reviewing, and deciding on investment orientation for construction projects of representative agencies

For Group A projects, during the process of establishing, reviewing, and deciding on investment orientation, the Feasibility Study Report for construction investment projects shall be conducted in accordance with construction laws but does not require preliminary design plans, explanations, technologies, techniques, and suitable equipment.

Article 8. Review and examination of construction investment projects

1. The investor has the responsibility to hire consulting units with sufficient capacity to review basic designs and other contents of the Feasibility Study Report; review construction drawings and construction budgets; review the Economic and Technical Investment Construction Report.

2. The investor has the responsibility to check and evaluate the review report prepared by consultants before submitting it to the examining authority.

3. Based on the review results, the specialized department of the Ministry of Foreign Affairs will examine the Feasibility Study Report, the Economic and Technical Investment Construction Report, Construction Drawings, and Construction Budgets, and seek coordination opinions from the Ministry of Construction when necessary.

4. Depending on the scale and nature of the project, the Minister of Foreign Affairs decides to delegate the investor to organize the examination and approval of Construction Drawings and Construction Budgets.

Article 9. Selection of contractors for construction investment projects of representative agencies

1. The selection of contractors within Vietnam to implement construction investment projects of Vietnamese representative agencies abroad shall be carried out in accordance with current laws on bidding.

2. In cases where contractors outside Vietnam are selected to implement construction investment projects of Vietnamese representative agencies abroad, the person authorized to decide on the contractor selection method under the laws on bidding shall decide on the contractor selection method based on ensuring the selection of capable and experienced contractors that meet the needs, have feasible solutions to implement the tender package ensuring quality, efficiency, competitive prices, specifically as follows:

a) For consultancy and non-consultancy service tenders with a value not exceeding VND 3 billion and procurement of goods, construction works, and products with a value not exceeding VND 5 billion, the following steps shall be taken:

The investor will select contractors among those with sufficient capability and experience matching the tender.

The investor will prepare and send draft contracts to the selected contractors based on project objectives, scope of work, and approved budget. On the basis of the draft contract, the investor and the selected contractor will negotiate and finalize the contract as the basis for approving the contractor selection result and signing the contract.

Signing the contract.

b) For consultancy and non-consultancy service tenders with a value exceeding VND 3 billion and procurement of goods and construction works with a value exceeding VND 5 billion, the selection of a contractor shall be carried out through the following steps:

The investor will select a contractor among those with sufficient capability and experience matching the tender to issue the Request for Proposal.

Hire a consultant to prepare the Request for Proposal including summary information about the project and tender, instructions for preparing and submitting proposals, criteria for contractor capability and experience, technical evaluation criteria, and price determination criteria. Use pass/fail criteria to evaluate capability and experience and technical evaluation.

The investor will approve the Request for Proposal and send it to the selected contractor.

The contractor will prepare and submit the proposal according to the Request for Proposal requirements.

Hire a consultant to evaluate the proposal:

The proposal evaluation must be conducted according to the evaluation criteria stipulated in the Request for Proposal. During the evaluation process, the investor may invite the contractor to negotiate, clarify, or amend and supplement necessary information in the proposal to demonstrate compliance with the required capabilities, experience, schedule, quantity, quality, technical solutions, and organizational measures for implementing the tender.

The selected contractor must satisfy the following conditions: having a valid proposal; possessing the required capabilities, experience, and technical proposals; offering a bid price not exceeding the approved tender budget.

The investor will prepare and send draft contracts to the selected contractor based on project objectives, scope of work, and approved budget.

On the basis of the draft contract, the investor and the selected contractor will negotiate and finalize the contract as the basis for approving the contractor selection result and signing the contract. Signing the contract.

Article 10. Selection of contractors for investment projects without construction components by representative agencies

The selection of contractors for investment projects without construction components by representative agencies shall be carried out in accordance with the provisions of Article 9 of this Decree.

Article 11. Organization of project acceptance work

The investor is responsible for managing the quality of the project, the acceptance work, and the settlement of contracts for construction investment projects at representative agencies. In cases where necessary, based on the scale and technical aspects of each project, the Minister of Foreign Affairs decides to organize inspections of the acceptance work conducted by the investor.

Chapter IV

PROVISIONS ON SPECIAL CASES OF APPOINTING AMBASSADORS WITH FULL POWERS

Article 12. Special cases of appointing Ambassadors with full powers

In cases exceeding the usual age limit for appointment, candidates for Ambassadors with full powers may be considered for appointment based on diplomatic requirements, the working area, personal capability, and reputation as stipulated in this Decree.

Article 13. Principles of appointing Ambassadors with full powers in special cases

1. The appointment of Ambassadors with full powers in special cases must ensure strictness, objectivity, fairness, transparency, and compliance with regulations.

2. Upon appointment, Ambassadors with full powers must fulfill their full term of service according to the laws governing Vietnamese representative agencies abroad.

3. The Minister of Foreign Affairs reports and makes recommendations

Article 14. Conditions regarding personal capability and reputation

Ambassadors with full powers appointed in special cases must meet the following criteria for capability and reputation:

1. Possess extensive knowledge and understanding of the receiving country or international organization.

2. Have outstanding reputation, experience, and capability in the field of diplomacy.

Article 15. Conditions regarding diplomatic requirements

Ambassadors with full powers appointed in special cases aim to achieve one of the following diplomatic requirements:

1. Promote one or more particularly important areas of cooperation in politics, security, defense, and economy in the relationship between Vietnam and the receiving country or international organization.

2. Address one or more significant issues that have a profound impact on Vietnam's interests in the relationship between Vietnam and the receiving country or international organization.

Article 16. Conditions regarding the working area

The working area in special cases of appointing Ambassadors with full powers includes one of the following areas:

1. Neighboring countries or those in Southeast Asia.

2. Countries with strategic partnership, comprehensive partnership, United Nations membership, or areas of significant importance in relations with Vietnam, consistent with diplomatic requirements during specific periods.

Chapter V

IMPLEMENTATION

Article 17. Effective Date

1. This Decree takes effect from the date of issuance.

2. The establishment of budget estimates for trade activities at representative agencies within the state budget expenditure plan of the Ministry of Industry and Trade applies from the 2019 fiscal year.

Article 18. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, and Heads of government agencies are responsible for implementing this Decree./.