Decree No. 15/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on Decree No. 178/2007/NĐ-CP dated December 3, 2007, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of Foreign Affairs and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Foreign Affairs is an agency of the Government responsible for managing state affairs related to foreign relations, including diplomatic work, national border management, overseas Vietnamese communities, signing and implementing international treaties and agreements, managing overseas representative offices of the Socialist Republic of Vietnam, activities of foreign representative offices in Vietnam; managing state services within the scope of the Ministry's jurisdiction as prescribed by law.

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;

The Ministry of Foreign Affairs is responsible for performing tasks and exercising powers as stipulated in Decree No. 178/2007/NĐ-CP dated December 3, 2007, issued by the Government, regarding the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual legislative program of the Ministry approved and other projects and programs assigned by the Government and the Prime Minister.

2. Submitting to the Prime Minister strategies, plans, long-term, five-year, and annual development plans, national target programs, important projects and programs in the fields under the Ministry’s jurisdiction, and draft decisions and directives of the Prime Minister.

3. Submitting to the Government and the Prime Minister proposals for establishing, changing the level of, or suspending diplomatic and consular relations with countries and intergovernmental international organizations, and for establishing or suspending operations of overseas representative offices of the Socialist Republic of Vietnam (hereinafter referred to as overseas representative offices of Vietnam).

4. Issuing decisions, directives, and circulars within the scope of the Ministry’s jurisdiction.

5. Directing, guiding, inspecting, and organizing the implementation of strategies, plans, national target programs, and other regulatory legal documents under the Ministry’s jurisdiction after approval; organizing information dissemination, propaganda, and legal education in the fields under the Ministry’s jurisdiction.

6. Leading and coordinating with relevant ministries, sectors, localities, and agencies in developing state foreign affairs programs, comprehensive foreign affairs programs of ministries, sectors, and localities; guiding the organization of implementation and requiring relevant ministries, sectors, and localities to report periodically or urgently on the implementation of foreign affairs activities; directing, guiding, and inspecting ministries, ministerial-level agencies, government agencies, and provincial people's committees to implement uniformly policies, regulations, and guidelines related to state foreign affairs and foreign service operations.

7. Leading and coordinating with relevant ministries and sectors in protecting the sovereignty and interests of the State, lawful rights and interests of organizations and citizens of Vietnam abroad according to Vietnamese and international laws.

8. Regarding research and strategic forecasting:

a) Provide timely information and advice to the Government and the Prime Minister on issues related to the world situation and Vietnam's international relations;

b) Leading the study, synthesis, and proposal of issues with predictive and strategic nature related to the world situation, international relations, political, economic, cultural, and international legal relations of Vietnam;

c) Organizing scientific research on international relations; studying, summarizing, compiling, and publishing research works and publications on foreign affairs, Vietnamese diplomacy history, the world, and fields under the Ministry’s jurisdiction.

9. Regarding representation in state foreign affairs activities:

a) Proposing to the Prime Minister to submit to the President for the appointment and recall of Ambassadors Extraordinary and Plenipotentiary and the Head of the Permanent Representative Office of Vietnam to the United Nations;

b) Appointing and recalling the Head of the Permanent Representative Office of Vietnam to intergovernmental international organizations and the head of Vietnamese consular offices abroad; deciding on the appointment and removal of Honorary Consuls abroad;

c) Representing the State in diplomatic relations with countries and intergovernmental international organizations; conducting state foreign affairs activities.

10. Regarding state protocol:

a) Leading the drafting, submission for promulgation, or promulgation within its authority, unifying guidance, and inspection of the implementation of regulations and protocols in the field of foreign affairs;

b) Implementing the approval of diplomatic representatives of countries and international organizations in Vietnam;

c) Leading the preparation and service for high-level delegations of the State visiting other countries or attending international conferences and welcoming high-level delegations from other countries and international organizations visiting Vietnam as prescribed by the Government;

d) Unifying guidance and management of the implementation of preferential treatment and immunity systems for overseas representative offices of Vietnam and foreign representative offices in Vietnam in accordance with Vietnamese law, international law, and practice;

đ) Organizing and participating in international conferences and seminars within the scope of the Ministry’s jurisdiction; coordinating with relevant ministries, sectors, and localities to guide, inspect, and manage foreign service operations in organizing international conferences and seminars.

11. Regarding diplomatic service for economic development:

a) Building bilateral and multilateral political relations and legal frameworks to promote Vietnam's foreign economic activities and international economic integration;

b) Leading and coordinating research on situations; providing information and proposing policies to serve economic development and handling issues arising from foreign economic activities as assigned by the Government;

c) Coordinating with relevant ministries, sectors, localities, and organizations in implementing policies on diplomatic service for economic development and expanding foreign economic activities.

d) Unify management, direct, guide, and inspect Vietnamese representative offices abroad in performing diplomatic work to serve economic development;

đ) Coordinate with ministries, sectors, localities, and related organizations to implement policies on international economic integration, commitments within regional and international economic organizations that Vietnam is a member of; participate in protecting the economic interests of the State and Vietnamese organizations and individuals abroad.

12. Regarding foreign information dissemination and cultural diplomacy:

a) Coordinate with relevant ministries and sectors to manage foreign information dissemination work, take the lead in implementing foreign information dissemination activities abroad; take the lead in monitoring and compiling foreign media opinions related to Vietnam;

b) Announce Vietnam's official stance on international issues; organize international press conferences and prepare content for interviews with high-level state, government, and Ministry of Foreign Affairs leaders for regular or urgent requests from foreign journalists;

c) Coordinate with relevant ministries, sectors, and localities to guide and inspect domestic media reporting on foreign affairs activities of state, government, and Ministry of Foreign Affairs leaders, and coordinate in guiding reports on international and domestic situations related to foreign affairs;

d) Manage and issue permits for foreign journalists' press activities in Vietnam and for foreign delegations visiting Vietnam at the invitation of state, government, and Ministry of Foreign Affairs leaders;

đ) Manage the electronic websites of the Ministry of Foreign Affairs and Vietnamese representative offices abroad to serve information and propaganda work;

e) Coordinate in implementing cultural diplomacy work and take the lead in activities of the National Committee of UNESCO of Vietnam.

13. Regarding consular work: perform consular work both domestically and internationally according to the provisions of the law, the division of labor by the Government, and international treaties to which Vietnam is a party, including:

a) Consular protection;

b) Entry and exit of Vietnamese citizens and foreigners;

c) Legalization, notarization, authentication, and judicial commission;

d) Matters related to nationality, civil status, and other consular matters as prescribed by law.

14. Regarding state management over the emigration activities of Vietnamese citizens abroad:

a) Take the lead and coordinate in formulating policies on international migration that are appropriate to Vietnam's conditions and international practices;

b) Coordinate in managing legal migration, preventing illegal migration, and handling arising issues;

c) Take the lead and coordinate in implementing citizen protection work during the emigration of Vietnamese citizens abroad; measures to ensure Vietnamese citizens abroad enjoy equal rights as those of third countries;

d) Take the lead and coordinate in guiding and inspecting ministries, sectors, localities, and Vietnamese representative offices abroad in matters related to the emigration of Vietnamese citizens abroad.

15. Regarding work with overseas Vietnamese:

a) Take the lead and coordinate with relevant ministries, sectors, and localities in researching and summarizing the situation, proposing policies to the Government and competent authorities regarding overseas Vietnamese;

b) Take the lead and coordinate in guiding and inspecting ministries, sectors, localities, and Vietnamese representative offices abroad in their work with overseas Vietnamese;

c) Organize, support, and guide overseas Vietnamese organizations and individuals in their connections with the homeland and vice versa, contributing to national development;

d) Support and create favorable conditions for overseas Vietnamese to stabilize their lives, integrate into the host country's society, and preserve Vietnamese national cultural identity.

16. Regarding national borders:

a) Take the lead and coordinate with relevant ministries, sectors, and localities in researching, summarizing, inspecting, and evaluating the management of national borders, airspace, maritime zones, islands, and the continental shelf of Vietnam; handle disputes, struggle to protect borders, territorial integrity, sovereignty, sovereign rights, and jurisdictional rights of Vietnam on land, airspace, maritime zones, islands, the continental shelf, and the seabed; propose policies and appropriate management measures;

b) Advise the Government on determining the national borders, maritime zones, and continental shelf of the Socialist Republic of Vietnam; determine the scope of sovereignty, sovereign rights, and jurisdictional rights of the State over airspace, maritime zones, land, islands, the continental shelf, and the seabed;

c) Take the lead in drafting plans for national border delimitation; determine the boundaries of Vietnam's exclusive economic zone and continental shelf with neighboring countries;

d) Direct and guide the implementation of organizational regulations and require relevant ministries, sectors, and localities to report periodically or urgently on border management work; demarcate and set up boundary markers based on international treaties on national border delimitation signed between the Socialist Republic of Vietnam and neighboring countries;

đ) Submit to the Prime Minister for handling or guide handling within authority issues arising from the activities of relevant ministries, sectors, and localities concerning the sovereignty, sovereign rights, and interests of the Socialist Republic of Vietnam on land, airspace, maritime zones, islands, the continental shelf, and the seabed;

e) Coordinate with relevant ministries, sectors, and localities to advise the Government on building and implementing projects and programs related to economic and social development, defense, and security concerning border, territory, sovereignty, sovereign rights, and jurisdictional rights.

17. Regarding management of Vietnamese representative offices abroad:

a) Unify direction and inspection of the implementation of the State's foreign policy and the functions and responsibilities of representative offices and their members as prescribed by law;

b) Implement legal regulations on the organization and staffing of Vietnamese representative offices abroad;

c) Appoint, relieve from duty, dispatch, and recall members of the Representative Office in accordance with the provisions of the law;

d) Direct the construction, management, and maintenance of the material and technical infrastructure and funds of the Representative Office in accordance with the provisions of the law;

18. Regarding state management over representatives of state agencies, economic organizations, and social organizations of the Socialist Republic of Vietnam abroad (hereinafter referred to as Vietnamese agencies and organizations abroad), and Vietnamese delegations dispatched for work abroad:

a) Uniformly direct, guide, inspect, and supervise the implementation of the State's policies and the performance of functions, tasks, and powers of Vietnamese agencies and organizations abroad in accordance with the law;

b) Take the lead in coordinating with relevant ministries and sectors to support and create favorable conditions for Vietnamese agencies and organizations abroad to perform their functions, tasks, and powers in accordance with Vietnamese law, the receiving country's law, and international law;

c) Take the lead in coordinating with relevant ministries and sectors to review files submitted to the Prime Minister regarding the establishment of Vietnamese agencies and organizations abroad;

d) Coordinate with relevant ministries and sectors to support and facilitate activities of Vietnamese delegations dispatched for work abroad; periodically or urgently compile and report on the activities of foreign working delegations;

19. Uniformly manage the activities of Diplomatic Missions, Consular Offices, Honorary Consular Offices, and representative offices of intergovernmental international organizations located in Vietnam in accordance with Vietnamese law and international law;

20. Regarding the conclusion and implementation of international treaties and agreements;

a) Take the lead in managing state affairs concerning the conclusion, accession, and implementation of international treaties;

b) Review proposals for negotiating and concluding international treaties submitted by ministries and sectors before they are presented to the Government for negotiation and signing;

c) Take the lead in coordinating with relevant agencies and organizations to propose to the Government matters related to negotiating and signing international treaties on peace, security, borders, territory, national sovereignty, and international treaties within the scope of the Ministry's management;

d) Organize the compilation and publication of the Yearbook of International Treaties concluded or acceded to by the Socialist Republic of Vietnam;

đ) Perform other state management tasks concerning international treaties and agreements in accordance with the Law on the Conclusion, Accession, and Implementation of International Treaties;

21. Regarding organizational structure, staffing, and cadres;

a) Appoint and relieve diplomatic positions; confer diplomatic ranks within the authority granted; establish and promulgate professional standards for civil service grades and specialized staff in the foreign affairs sector in accordance with the law;

b) Train, develop, and professionally test foreign affairs staff, civil servants, and specialized staff in the foreign affairs sector and foreign affairs personnel of ministries, sectors, and localities;

c) Manage organizational structures and staffing; direct the implementation of salary systems and policies for civil servants and specialized staff under the Ministry's jurisdiction;

22. Inspect and check the implementation of laws in areas under the Ministry's state management; organize citizen reception, handle complaints and denunciations; prevent and combat corruption and waste, and handle violations of laws in areas under the Ministry's state management in accordance with the law;

23. Manage finances, assets assigned, and implement allocated budgets in accordance with the law;

24. Decide and direct the implementation of the Ministry's administrative reform program according to the overall administrative reform program approved by the Government and the Prime Minister;

25. Regarding management of public services, non-profit organizations, and funds under the Ministry's state management;

a) Decide specific policies and measures and direct the operation mechanism of public service organizations managed by the Ministry in accordance with the law;

b) Implement classification, ranking, management, and direct activities of non-profit organizations under the Ministry in accordance with the law;

c) Manage the organization and activities of funds under the Ministry's jurisdiction in accordance with the law;

26. Manage state affairs concerning the activities of associations and non-governmental organizations both domestically and internationally within the Ministry's state management scope in accordance with the law;

27. Perform other tasks assigned or delegated by the Government and the Prime Minister;

Article 3. The organizational structure of the Ministry

1. Department of ASEAN.

2. Southeast Asia - South Asia - South Pacific Department;

3. The Northeast Asia Division.

4. Europe Department;

5. Americas Department;

6. West Asia - Africa Department;

7. Foreign Policy Strategy Department;

8. International Organizations Department;

9. Legal Affairs and International Treaties Department;

10. Multilateral Economic Cooperation Department;

11. Comprehensive Economic Department;

12. Cultural Diplomacy and UNESCO Department;

13. Department of Information and Press.

14. Cadre Organization Department;

15. Ministry Office;

16. Ministry Inspectorate;

17. Cryptographic Bureau;

18. Consular Bureau;

19. National Reception Bureau;

20. Administrative and Financial Management Bureau;

21. Committee for Overseas Vietnamese;

22. National Border Commission;

23. Ho Chi Minh City Department of Foreign Affairs;

24. Diplomatic Service Support Bureau;

25. Diplomatic Academy;

26. Foreign Press Guidance Center;

27. National Translation and Interpretation Center;

28. Information Center;

29. World and Vietnam Newspaper;

30. Embassies;

31. Permanent Representative Missions of the Socialist Republic of Vietnam abroad at the United Nations and intergovernmental international organizations;

32. General Consulates and Consulates;

Units specified from Clause 1 to Clause 23 of this Article are organizations assisting the Minister in performing state management functions; units specified from Clause 24 to Clause 29 of this Article are state non-profit organizations under the Ministry;

Organizations from Clause 30 to Clause 32 of this Article are Vietnamese representative offices abroad uniformly managed by the Ministry of Foreign Affairs;

The Departments of Europe, Legal Affairs and International Treaties, and Cadre Organization shall be organized into divisions.

The Minister of Foreign Affairs shall submit to the Prime Minister for promulgation regulations on the functions, tasks, powers, and organizational structure of the National Border Commission, the Commission for Vietnamese Citizens Abroad, the State Reception Bureau, and the Diplomatic Academy; issue a list of other public service organizations remaining under the Ministry.

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette; it replaces Decree No. 21/2003/NĐ-CP dated March 10, 2003, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, and abolishes previous provisions that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.