Decree No. 13/CP detailing the implementation of the Ordinance on diplomatic ranks and grades

DECREE

DECREE NO. 13-CP OF MARCH 16, 1996 DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON RANKS AND GRADES IN DIPLOMACY

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on Ranks and Grades in Diplomacy dated May 31, 1995; Pursuant to Decision No. 517/QĐ-CTN dated December 28, 1995 of the President of the Socialist Republic of Vietnam delegating authority to the Minister of Foreign Affairs to confer ranks and grades in diplomacy except for the rank of Attaché to Counselor;

At the request of the Minister of Foreign Affairs,

DECREE: 

Chapter 1:

SUBJECTS ELIGIBLE FOR CONSIDERATION FOR RANKS AND GRADES IN DIPLOMACY

Article 1.- Civil servants working at agencies and organizations under the Ministry of Foreign Affairs who meet the criteria stipulated in Articles 13, 14, and 15 of the Ordinance on Ranks and Grades in Diplomacy (hereinafter referred to as the Ordinance) and Articles 4, 5, 6, 7, 8, 9, and 10 of this Decree shall be considered for diplomatic ranks.

Article 2.- A person holding a diplomatic rank, when transferred to work at other agencies or organizations or retires, retains the diplomatic rank they hold as an honor of the foreign affairs sector, but may not use it to represent the foreign affairs sector within the country or abroad.

Article 3.-

1. Civil servants working at other agencies and organizations who are transferred to work at the Ministry of Foreign Affairs and have been recruited into the personnel establishment of the Ministry of Foreign Affairs for three years or more and meet the criteria stipulated in Article 1 of this Decree shall also be considered for diplomatic ranks.

2. Civil servants from other agencies and organizations assigned to work at overseas representative offices of the Socialist Republic of Vietnam if they meet the legal requirements and based on work needs, shall be considered for appointment to diplomatic positions or consular positions during their term of service, but shall not be considered for diplomatic ranks and grades.

Chapter 2:

CRITERIA FOR DIPLOMATIC RANKS

Article 4.- Rank of Ambassador:

The person conferred the rank of Ambassador must possess the following level of knowledge and professional competence:

- Profound understanding and ability to correctly and creatively apply the viewpoints, policies, and strategies on internal and external affairs of the Party and State. Ability to coordinate with state agencies to successfully implement policies and activities in external relations assigned.

- Advise the Minister of Foreign Affairs on external policies and the development of the sector.

- Lead research projects and complete important documents and decisions at the ministerial and state levels concerning external relations.

- Possess the ability to organize scientific research in areas related to diplomatic affairs.

- Lead or participate as a key member in important international negotiations, conferences, and seminars.

- Be well-informed about the political, economic, and social situation in Vietnam, having basic knowledge of international relations history, world economics, international economic relations, and international law.

- Have broad and deep comprehensive knowledge, long-term vision, and the ability to analyze and assess trends in regional, continental, and global developments.

- Be proficient in writing and editing important diplomatic documents at the ministerial and state levels.

- Possess the qualifications and capabilities to train and develop subordinates.

- Hold a university degree or higher, with advanced political education. Have completed training courses in diplomacy and economics.

- Have made significant contributions to scientific research projects on external relations or sector development that have been accepted and effectively applied in the sector.

- Be proficient in using one common language (as defined by the United Nations) and have the ability to communicate in English (if the primary language is not English).

- Be a Minister, Deputy Minister, or equivalent, Director General, Deputy Director General, or equivalent, senior specialist in the foreign affairs sector, or have served as the head of an overseas representative office of the Socialist Republic of Vietnam. Have worked in the foreign affairs sector for ten years or more.

Article 5.- Rank of Counselor:

The person conferred the rank of Counselor must possess the following level of knowledge and professional competence:

- Profound understanding and ability to coordinate with central ministries and sectors to implement projects of the Ministry of Foreign Affairs on external relations or sector development.

- Develop projects of the Ministry of Foreign Affairs on external relations and sector development.

- Lead or participate as a key member in important international negotiations, conferences, and seminars.

- Be well-informed about the political, economic, and social situation in Vietnam, having basic knowledge of international relations history, world economics, international economic relations, and international law.

- Have comprehensive knowledge and the ability to forecast trends in global and regional developments or major international organizations.

- Possess the ability to draft and edit important diplomatic documents and regulations related to diplomacy.

- Possess the ability to train and develop subordinates.

- Hold a university degree, with advanced political education. Have completed training courses in diplomacy and economics.

- Have made positive contributions to scientific research projects related to external relations or sector development that have been accepted and applied in the sector.

- Be proficient in using one common language and have the ability to communicate in English (if the primary language is not English).

- Be a Director General, Deputy Director General, or equivalent, senior specialist in the foreign affairs sector, principal specialist in the foreign affairs sector, or have served as a diplomatic officer at an overseas representative office of the Socialist Republic of Vietnam. Have worked in the foreign affairs sector for eight years or more.

Article 6.Rank of Chargé d'Affaires:

The person conferred the rank of Chargé d'Affaires must possess the following level of knowledge and professional competence:

- Ability to apply the policies and strategies on internal and external affairs of the Party and State.

- Ability to propose to the Minister of Foreign Affairs on policies and strategies related to diplomatic activities or sector development.

- Lead the drafting of proposals regarding policies, strategies, and approaches towards a major country, a focal point, a region, or important international organizations.

- Possesses the ability to chair or be a member of international negotiations, conferences, and seminars related to the issues under their responsibility.

- Possesses the ability to analyze, synthesize, and evaluate global situation developments and major international issues.

- Has a thorough understanding of the country's political, economic, and social conditions, capable of responding flexibly to ensure compliance with the State's foreign policy guidelines, policies, and principles during international conferences and seminars.

- Has basic knowledge of international relations history, world economics, international economic relations, and international law.

- Possesses the ability to draft and revise diplomatic documents and relevant legal regulations concerning external affairs and sector development work.

- Possesses the ability to train lower-level civil servants in diplomatic matters.

- Holds a university degree and has middle or advanced political level education. Has attended training courses on diplomacy and economics.

- Has research topics that have been accepted for completion.

- Possesses the ability to fluently use a common foreign language and conduct routine transactions in English (if the primary foreign language is not English).

- Is a Director-General, Deputy Director-General, or equivalent, senior specialist in the diplomatic sector, main specialist in the diplomatic sector, specialist in the diplomatic sector, or has worked in the position of a diplomatic officer at overseas representative offices of the Socialist Republic of Vietnam. Has at least eight years of experience working in the Foreign Affairs sector.

Article 7.- Rank of First Secretary:

The person granted the rank of First Secretary must possess the following level of knowledge and professional capacity:

- Knows how to apply correctly the guidelines, policies, and principles regarding internal and external work of the Party and State, and the work guidelines of the Ministry of Foreign Affairs.

- Possesses the ability to propose to the Ministry about policies and measures for external work and sector development.

- Possesses the ability to participate in negotiation delegations at the ministry level, operate independently in sub-committees when attending international conferences and seminars related to external work.

- Has basic knowledge of international relations history, world economics, international economic relations, and international law related to diplomatic activities.

- Possesses the ability to draft diplomatic documents and other relevant legal regulations concerning external work.

- Possesses the ability to guide professional expertise to lower-level civil servants.

- Holds a university degree and has middle-level political education. Has attended training courses on diplomacy.

- Possesses the ability to fluently use a foreign language in the region they are responsible for and can conduct routine transactions in English (if the primary foreign language is not English).

- Is a main specialist or specialist in the diplomatic sector. Has at least five years of experience working in the Foreign Affairs sector.

Article 8.- Rank of Second Secretary:

The person granted the rank of Second Secretary must possess the following level of knowledge and professional capacity:

- Knows how to apply the guidelines, policies, and principles regarding internal and external work of the Party and State, and the work guidelines of the Ministry of Foreign Affairs.

- Possesses the ability to propose to the Ministry about certain areas of external work and sector development work.

- Participates in researching topics related to diplomatic professional work.

- Possesses the ability to conduct independent research and work, applying specialized knowledge to assigned tasks. Can assist lower-level civil servants in professional matters.

- Has knowledge of international relations history, world economics, international economic relations, and international law related to diplomatic activities.

- Possesses the ability to draft diplomatic documents and other relevant legal regulations concerning the work they are responsible for.

- Holds a university degree and has basic political education. Has attended training courses on diplomacy.

- Possesses the ability to use a foreign language in the region they are responsible for and can conduct routine transactions in English (if the primary foreign language is not English).

- Is a specialist in the diplomatic sector. Has at least five years of experience working in the Foreign Affairs sector.

Article 9.- Rank of Third Secretary:

The person granted the rank of Third Secretary must possess the following level of knowledge and professional capacity:

- Understands the foreign policy guidelines and policies of the Party and State, and the work guidelines of the Ministry of Foreign Affairs.

- Assists the head of the unit in proposing work policies of the Ministry related to relations with countries or fields they are responsible for.

- Participates in drafting diplomatic documents related to countries or fields they are responsible for.

- Possesses the ability to study and monitor one aspect of the situation of a country, a region, or a field of diplomatic work.

- Has basic knowledge of diplomatic work. Can draft average-level diplomatic documents.

- Holds a university degree and has basic political education. Has attended training courses on diplomacy.

- Possesses the ability to use a foreign language in the region they are responsible for and can conduct routine transactions in English (if the primary foreign language is not English).

- Is a specialist in the diplomatic sector. Has at least three years of experience working in the Foreign Affairs sector.

Article 10.- Rank of Attaché:

The person granted the rank of Attaché must possess the following level of knowledge and professional capacity:

- Understands the foreign policy guidelines and policies of the Party and State, and the work guidelines of the Ministry of Foreign Affairs.

- Implements specific parts of decisions of the Ministry related to external work or sector development work.

- Possesses the ability to collect materials, prepare files, and anticipate situations for leadership.

- Has basic knowledge of diplomatic work. Drafts diplomatic documents based on templates.

- Possesses the ability to develop reports and proposals to implement decisions issued by the Ministry related to assigned work.

- Holds a university degree or equivalent. Has basic political education.

- Possesses the ability to use a foreign language in the region they are responsible for and can conduct routine transactions in English.

- Is a specialist in the diplomatic sector. Has at least three years of experience working in the Foreign Affairs sector.

Chapter 3:

ADVISORY BOARD ON DIPLOMATIC RANKS AND THE GRANTING, PROMOTION, DEMOTION, AND STRIPPING OF DIPLOMATIC RANKS

Article 11.-

1. The Prime Minister authorizes the Minister of Foreign Affairs to decide on the establishment of the Advisory Board on Diplomatic Ranks.

2. The Minister of Foreign Affairs specifies in detail the functions, duties, powers, organizational structure, and operational procedures of the Board.

3. Annually, based on the standards stipulated in Articles 4, 5, 6, 7, 8, 9, and 10 of this Decree, and taking into account the requirements of external work, the Advisory Board on Diplomatic Ranks will review and recommend to the Minister of Foreign Affairs to implement the granting, promotion, demotion, and stripping of diplomatic ranks according to the provisions of Article 12 and Article 13 of this Decree.

Article 12.- Matters concerning the conferral, promotion, demotion, and deprivation of the rank of Ambassador:

1. After considering the advisory council's opinion on ranks, diplomatic levels, and consulting relevant agencies, the Minister of Foreign Affairs shall propose to the Prime Minister to submit to the President for decision on the conferral or promotion of the rank of Ambassador.

2. In cases where an Ambassador violates discipline at the warning level or higher, the Minister of Foreign Affairs shall propose the Prime Minister to submit to the President for decision on the demotion or deprivation of the rank of Ambassador.

Article 13.- The Minister of Foreign Affairs shall consider the advisory council's opinions on ranks and diplomatic levels, and decide on the conferral, promotion, demotion, and deprivation of diplomatic ranks from Attaché to Chargé d'Affaires under the authorization of the President.

1. Bestow diplomatic rank on civil servants in the foreign affairs sector based on the criteria stipulated in Articles 14 and 15 of the Ordinance and in Articles 5, 6, 7, 8, 9, and 10 of this Decree.

2. Promote diplomatic rank:

- A civil servant holding a diplomatic rank may be considered for promotion to the next higher diplomatic rank when there is a need and they meet the new rank's criteria.

- A person holding a diplomatic rank from Attaché to Second Secretary must have held their previous rank for a minimum of two years before being considered for promotion to the next higher diplomatic rank;

- A person holding a diplomatic rank from First Secretary to Chargé d'Affaires must have held their previous rank for a minimum of three years before being considered for promotion to the next higher diplomatic rank;

- For those with particularly outstanding achievements, they may be considered for promotion skipping one immediate diplomatic rank.

3. Demote diplomatic rank:

A civil servant holding a diplomatic rank who fails to complete assigned tasks, whose professional qualifications and moral character do not meet the prescribed standards, or who violates discipline at the warning level or higher shall be demoted to a lower diplomatic rank.

4. Deprive diplomatic rank: A civil servant holding a diplomatic rank who commits serious disciplinary violations subject to dismissal penalties, is fired from the service, or is convicted of a crime and the judgment becomes legally binding shall have their current diplomatic rank deprived.

Chapter 4:

DUTIES AND BENEFITS OF HOLDERS OF DIPLOMATIC RANKS

Article 14.- In addition to the duties specified in Article 21 of the Ordinance, holders of diplomatic ranks also have the responsibility:

1. To fully perform the duties of state civil servants.

2. Not to use the diplomatic rank for personal or collective purposes contrary to the provisions of the Ordinance and this Decree.

Article 15.- In addition to the benefits provided by the State for state civil servants, holders of diplomatic ranks also enjoy the following benefits:

1. Priority training in diplomatic business and foreign languages both domestically and abroad.

2. When needed, holders of diplomatic ranks may be appointed to a diplomatic position or consular post at the representative office of the Socialist Republic of Vietnam abroad according to the provisions of Article 10 of the Ordinance without having to undergo examination or selection.

- Holders of diplomatic ranks working at the representative office of the Socialist Republic of Vietnam abroad shall enjoy preferential treatment of the foreign affairs sector to serve diplomatic work and may be reassigned to other areas as required by work needs.

3. The conferral and promotion of diplomatic ranks shall be considered a basis for arranging work, promoting, and increasing salaries for civil servants in accordance with the provisions of the Law.

4. In necessary situations while performing official duties, holders of diplomatic ranks presenting certificates of their diplomatic rank shall be assisted and facilitated by state agencies and protected against threats or obstacles to carry out diplomatic tasks.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 16.- This Decree takes effect from the date of signing. Previous regulations inconsistent with this Decree are abolished.

- The Minister of Foreign Affairs is responsible for guiding and supervising the implementation of this Decree.

Article 17.- Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government, and heads of representative offices of the Socialist Republic of Vietnam abroad are responsible for implementing this Decree.