Decree No. 183-CP provides detailed regulations for the implementation of the Ordinance on Vietnamese Representative Agencies abroad.

DECREE
OF THE GOVERNMENT DECREE NO. 183-CP OF NOVEMBER 18, 1994 PROVIDING GUIDELINES FOR IMPLEMENTATION OF THE ORDINANCE ON THE REPRESENTATIVE AGENCIES OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD
ORDER ON THE AUTHORITY REPRESENTING THE SOCIALIST REPUBLIC OF VIETNAM IN
FOREIGN COUNTRIES

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Ordinance on Representative Agencies of the Socialist Republic of Vietnam Abroad dated December 2, 1993;
At the proposal of the Minister of Foreign Affairs,

DECREE:

Chapter 1:

ORGANIZATION AND STRUCTURE OF THE REPRESENTATIVE AGENCIES OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD

Article 1.

1. The Representative Agencies of the Socialist Republic of Vietnam abroad (hereinafter referred to as Representative Agencies) include: Diplomatic Representative Agencies, Permanent Delegations to intergovernmental international organizations, and Consular Agencies.

2. In certain necessary cases, the Representative Agencies may have other names agreed upon between Vietnam and the receiving country to perform part or all of the tasks and powers stipulated in Article 7 of the Ordinance on Representative Agencies of the Socialist Republic of Vietnam Abroad (hereinafter referred to as the Ordinance).

The Prime Minister decides the operational regulations of the Representative Agencies mentioned in Clause 2 of this Article at the proposal of the Minister of Foreign Affairs.

3. Apart from the agencies specified in Clauses 1 and 2 of this Article, no other agency shall have the status and authority to perform the functions and duties of state management agencies abroad.

Article 2.

1. Based on the requirements for foreign affairs activities and the prospects for developing relations between Vietnam and each country or international organization, the Minister of Foreign Affairs shall submit to the Prime Minister for decision on the establishment or cessation of operations of Vietnam's Representative Agencies abroad.

2. The Minister of Foreign Affairs shall be responsible for conducting the necessary diplomatic procedures to implement the decision of the Prime Minister as stated in Clause 1 of this Article.

Article 3.

1. Based on the Prime Minister's Decision on the establishment of Vietnam's Representative Agencies abroad, the Minister of Foreign Affairs shall be responsible for exchanging opinions with the Minister, Director of the Organization-Cadre Department of the Government, and consulting the heads of relevant agencies to submit to the Prime Minister for consideration and decision on the organization, structure, and staffing of the Representative Agencies, clearly defining the positions and standards of each work unit and the staffing quotas of each Ministry, agency equivalent to a Ministry, and government agency that needs specialized staff to handle the work areas of the Representative Agencies.

2. In case of urgent foreign affairs requirements, the Minister of Foreign Affairs is permitted to adjust the staffing among Representative Agencies within the total staffing approved by the Prime Minister for the Ministry of Foreign Affairs. For the staffing of other Ministries and sectors in the Representative Agencies, the Minister of Foreign Affairs is also permitted to make adjustments after reaching consensus with the heads of relevant Ministries and agencies.

3. The provisions of Clause 1 of this Article shall also apply to cases of adjusting and supplementing the staffing of Representative Agencies that have already been established.

Article 4.

1. The Minister of Foreign Affairs shall decide on the appointment of officials and diplomatic positions for civil servants working in the work units of the Representative Agencies according to Articles 10 and 17 of the Ordinance based on the level and importance of each area of relations between Vietnam and the receiving country or international organization.

2. When necessary, the head of the Representative Agency has the right to adjust the assignment of work for officials and employees working in the work units of the Representative Agency to suit the work requirements at each time point, but without affecting the professional work of the work unit. These officials and employees must comply with the work assignments of the head of the Representative Agency.

Article 5.

1. Standards for officials of Representative Agencies:

a) Must be a Vietnamese citizen residing in Vietnam and not having a spouse, parent, or child who is a foreign national;

b) Must be a civil servant of the Vietnamese State;

c) Loyal to the country and national interests;

d) Have a theoretical level of at least primary; have a firm political stance and good moral character;

đ) Master and have the ability to properly implement foreign policy and policies as well as work guidelines in their respective fields;

e) Have a university degree, specialized knowledge, and the necessary language proficiency to fulfill assigned tasks.

2. Standards for employees of Representative Agencies:

Must be loyal to the country, have a firm political stance, good moral character, and professional qualifications suitable for the assigned work field.

Article 6. In special cases, the head of the Representative Agency may recruit Vietnamese citizens residing in the receiving country and foreigners as employees of the Representative Agency within the approved staffing quota.

Article 7.

1. The term of service for officials and employees of Representative Agencies is three years.

2. In exceptional cases, upon the proposal of the head of the Representative Agency and the head of the personnel management agency (for officials and employees not under the staffing of the Ministry of Foreign Affairs), the Minister of Foreign Affairs shall consider and decide on extending the term of service for officials and employees of Representative Agencies. The extension period shall not exceed eighteen months.

Article 8.

1. The appointment of Special Envoy Ambassadors, Special Envoy Consuls, and Heads of Permanent Delegations to the United Nations proceeds as follows:

a) The Minister of Foreign Affairs proposes to the Prime Minister regarding personnel based on the standards set out in Article 5 of this Decree, after consulting relevant agencies.

b) The Prime Minister reviews and submits to the President for decision.

The Ministry of Foreign Affairs shall carry out the necessary diplomatic procedures with the receiving country or the Secretary-General of the United Nations after the President's appointment decision.

2. In the event that the head of a diplomatic representative agency in one country is concurrently appointed as the head of a diplomatic representative agency in another country or as the Head of a Permanent Delegation to an international organization, the Ministry of Foreign Affairs shall be responsible for carrying out the necessary diplomatic procedures.

3- At the proposal of the Minister of Foreign Affairs, the Prime Minister shall submit to the President of the State for decision on recalling Ambassadors Extraordinary and Plenipotentiary, Chargés d'Affaires Extraordinary and Plenipotentiary, and the Head of Permanent Representative Missions to the United Nations.

The Ministry of Foreign Affairs shall carry out necessary diplomatic procedures with the receiving country or the Secretary-General of the United Nations after the President of the State's decision on recall.

Article 9.

1- For the appointment of heads of Diplomatic Missions and Heads of Permanent Representative Missions to international organizations not covered under Clause 1 of Article 8 of this Decree, the Minister of Foreign Affairs shall base on the criteria stipulated in Article 5 of this Decree to consider and decide each specific case, and the Ministry of Foreign Affairs shall carry out necessary diplomatic procedures with the receiving country or the head of the international organization.

2- In cases where the Minister of Foreign Affairs decides to recall those mentioned in Clause 1 of this Article, the Ministry of Foreign Affairs shall carry out necessary diplomatic procedures with the receiving country or the head of the international organization.

Article 10.

The temporary representative at a country having an Ambassador Extraordinary and Plenipotentiary shall be introduced by the Ambassador Extraordinary and Plenipotentiary or the Ministry of Foreign Affairs to the receiving country.

The Deputy Head of Permanent Representative Mission to an international organization shall be introduced by the Head of Permanent Representative Mission or the Ministry of Foreign Affairs to the head of the international organization.

Article 11.

The Minister of Foreign Affairs shall decide on the appointment, recall, and transfer of staff members of the Diplomatic Mission, except for the positions of Ambassadors Extraordinary and Plenipotentiary, Chargés d'Affaires Extraordinary and Plenipotentiary, and the Head of Permanent Representative Mission to the United Nations.

Recall of staff members of the Diplomatic Mission shall be carried out in the following cases:

a) Completion of term of service.

b) Lack of ability to fulfill duties.

c) Failure to meet health standards or other special reasons.

d) The receiving country declares non-welcome or non-acceptance.

Article 12.

1- Appointment and transfer of staff members not belonging to the establishment of the Ministry of Foreign Affairs to work at the Diplomatic Mission shall be carried out as follows:

- Ministries, ministerial-level agencies, and government agencies shall base on the staffing quota approved by the Prime Minister and the criteria stipulated in Article 5 of this Decree to be responsible for selecting and appointing specific personnel to the Ministry of Foreign Affairs.

- The Minister of Foreign Affairs shall base on work requirements and the proposal of the head of the managing agency to decide on the appointment of diplomatic staff and the transfer of personnel to work at the Diplomatic Mission.

2- Decisions on the recall and transfer of staff members not belonging to the establishment of the Ministry of Foreign Affairs must be consulted with the head of the personnel management agency.

Article 13.

1- The ranking of diplomatic staff in the Diplomatic Mission shall be arranged according to the provisions of Article 11 of the Ordinance and Article 13 of this Decree.

2- The second person in the Diplomatic Mission must be a diplomatic staff member belonging to the establishment of the Ministry of Foreign Affairs.

3- Specialized Counsellors and Military Attachés in the Diplomatic Mission shall be ranked below the second person and Political Counsellors.

4- Diplomatic staff responsible for foreign political affairs shall rank above other staff members with the same diplomatic position. The ranking of remaining staff members with the same diplomatic position shall be based on the order of time they arrived at the Diplomatic Mission to assume their duties.

Article 14.

1- The budget of the Diplomatic Mission includes operational maintenance costs and living expenses for members of the Diplomatic Mission according to the current state expenditure regulations.

2- The head of the Diplomatic Mission shall base on the activities of the working units within the Diplomatic Mission to be responsible for preparing the annual budget revenue and expenditure plan to send to the Minister of Foreign Affairs; manage and use the budget and assets of the Diplomatic Mission in accordance with state regulations and policies, and prepare monthly settlement reports to send to the Minister of Foreign Affairs.

3- The Minister of Foreign Affairs shall be responsible for reviewing and consolidating the annual revenue and expenditure plans; examining and approving the annual settlement reports of Diplomatic Missions to send to the Ministry of Finance according to the current regulations.

Chapter 2:

DUTIES AND LIMITS OF THE AGENCY AND HEAD OF THE DIPLOMATIC MISSION

Article 15. Duties and limits of the Diplomatic Mission:

1- Protect the interests of the State, economic organizations, social organizations, and Vietnamese citizens in the receiving country based on Vietnamese laws, laws of the receiving country, and in accordance with international law and customs.

2- Propose to relevant agencies in the country about policies, measures, and negotiations to sign international treaties with the receiving country to protect the interests of the State, organizations, and Vietnamese citizens.

3- Receive proposals and information from economic organizations, social organizations, and Vietnamese citizens regarding requests for the Vietnamese Diplomatic Mission in the receiving country to protect their legitimate rights and interests when violated.

4- Organize research on all aspects of the receiving country; its potential and level of development of relations with the receiving country or international organization to report to the Ministry of Foreign Affairs and relevant agencies in the country.

5- Propose to the Ministry of Foreign Affairs and relevant agencies in the country about policies and measures to develop friendly relations, promote economic, trade, cultural, scientific, technological, investment, tourism, and other cooperation fields in line with the capabilities and policies of both sides; seek maximum international support and assistance for the cause of building and defending the country.

6- Create favorable conditions and support for agencies, organizations, and Vietnamese people abroad in their relations with relevant agencies and organizations of the receiving country or international organization in accordance with Vietnamese and receiving country laws.

7- Request relevant agencies in the country to provide information, publications, and promotional materials about Vietnam, its people, and policies in various fields so that the Diplomatic Mission can effectively carry out information and cultural work in the receiving country to enhance understanding and friendly cooperative relations with Vietnam.

8- Diplomatic Missions and Consular Offices are responsible for protecting the legitimate rights and interests of Vietnamese citizens and Vietnamese people in the host country based on the laws of the host country, international law and custom, in accordance with Vietnamese law; reporting to relevant domestic agencies on the situation and community mobilization work of Vietnamese people in the host country; recommending appropriate policies to facilitate their maintenance of affection and close ties with their homeland, contributions to the construction of the nation, and development of friendly relations with the people and government of the host country.

Article 16. Duties and powers of the head of the Diplomatic Mission:

1- Organizing the implementation of decisions and directives of the President of the State, the Prime Minister, and the Minister of Foreign Affairs regarding foreign activities;

Serving high-level Vietnamese delegations visiting the host country or international organization for official friendly visits or to attend conferences, seminars, etc.

Managing, directing, and organizing the implementation or managing, directing, and organizing the implementation of other foreign activities in the name of the Vietnamese State in the host country or international organization.

2- Managing and directing staff members of the Diplomatic Mission, creating favorable conditions for them to fulfill their tasks; fully implementing state policies towards staff members.

3- Guiding and assisting Vietnamese agencies and organizations not part of the Diplomatic Mission's organizational structure and Vietnamese citizens in the host country to properly implement the state's foreign policy with the host country.

Article 17. In addition to the obligations stipulated in Articles 9 and 16 of the Ordinance, staff members of the Diplomatic Mission also have the obligation:

1- Strictly adhering to regulations on national security confidentiality;

2- Maintaining and strengthening internal unity;

3- Preserving the representative status of the State and the Vietnamese nation.

Chapter 3:

STATE MANAGEMENT OF THE ACTIVITIES OF VIETNAMESE DIPLOMATIC MISSIONS ABROAD

Article 18.

1- The Government uniformly manages state affairs concerning Diplomatic Missions: Deciding on establishment or cessation of operations; deciding on organization, staffing, defining functions and duties of Diplomatic Missions; directing and managing all activities of Diplomatic Missions.

2- The Ministry of Foreign Affairs is responsible:

- Implementing state management functions over Diplomatic Missions;

- Preparing draft laws, ordinances, and regulatory documents concerning Diplomatic Missions;

Submitting to the Prime Minister for decision on establishment, operational regulations, and staffing organization of Diplomatic Missions as provided in Articles 1, 2, and 3 of this Decree;

- Deciding on the appointment, transfer, and deployment of personnel of Diplomatic Missions as provided in Articles 4, 11, 12, and 13 of this Decree;

- Directing, inspecting, and guiding the activities of Diplomatic Missions to ensure compliance with the state's foreign policy and the functions and duties of the agency and its staff members;

Issuing guidance documents and inspecting the enforcement of state regulatory documents concerning Diplomatic Missions;

- Coordinating and harmonizing the activities of domestic agencies in working relations with Diplomatic Missions to ensure unified government management in foreign activities abroad;

- Directing financial asset management and revenue and expenditure of Diplomatic Missions as provided in Article 14 of this Decree and current state regulations;

- Awarding commendations and handling violations within authorized limits.

Article 19. Heads of central economic and social organizations and Chairpersons of People's Committees of provinces and centrally-administered cities have the responsibility to inform Diplomatic Missions through the Ministry of Foreign Affairs about issues related to cooperation between their agencies, organizations, and localities with agencies, organizations of the host country or international organizations; coordinating with Diplomatic Missions to direct the implementation of foreign activities of their agencies, organizations, and localities abroad.

Article 20.

1- Heads of Ministries, agencies at ministerial level, and government agencies with civil servants working in Diplomatic Missions have the responsibility to provide information and closely coordinate with the Ministry of Foreign Affairs to direct specialized professional activities under their management.

2- In urgent cases requiring the handling of matters within specialized management if the opinion of the head of the Ministry or other central agency differs from that of the head of the Diplomatic Mission but there has been no time for discussion and agreement, the head of the Diplomatic Mission shall decide and be responsible, then immediately report to the Minister of Foreign Affairs and the head of the specialized central agency. Staff members referred to in Clause 1 of this Article must comply with the decision of the head of the Diplomatic Mission.

Article 21. The head of the Diplomatic Mission is responsible:

1- Receiving and executing all orders, decisions, and directives of the President of the State, the Prime Minister, and the Minister of Foreign Affairs.

Promptly reporting to the President of the State, the Prime Minister, and the Minister of Foreign Affairs when issues related to national security and defense, or strategic policies of the host country or related international organization affecting Vietnam arise.

Regularly reporting to the Minister of Foreign Affairs on the activities of the Diplomatic Mission, the overall situation in the host country or international organization, and their relations with Vietnam.

2- Through the Ministry of Foreign Affairs, receiving and directing the implementation of work requirements of heads of central state agencies, provincial and centrally-administered city agencies, and central economic and social organizations. Reporting to the heads of those agencies and organizations on related issues.

Article 22.

Representative offices or branches of Vietnamese economic and social organizations established abroad which do not belong to the organizational structure of the Diplomatic Mission must report their activities to the head of the Diplomatic Mission and receive assistance from the Diplomatic Mission in their activities and protection of their rights and interests.

In the event that the activities of the Representative Office or branch are inconsistent with the foreign policy guidelines, cause damage to national interests, or are not in compliance with Vietnamese law and the laws of the host country, the head of the Diplomatic Mission has the authority to temporarily suspend the operations of such Representative Office or branch, while immediately reporting back to the Ministry of Foreign Affairs for the Minister of Foreign Affairs and the head of the relevant agency to review and issue a formal decision.

Article 23. Vietnamese citizens traveling abroad for any purpose must comply with the leadership and administrative management of the Diplomatic Mission as stipulated by law.

Chapter 4:

HANDLING VIOLATIONS

Article 24. Diplomatic officials and staff of the Diplomatic Mission who violate the provisions of the Ordinance and this Decree shall be subject to disciplinary action as provided for in Article 29 of the Ordinance and may be recalled ahead of schedule, demoted, stripped of rank, removed from diplomatic positions, and barred from further diplomatic work depending on the severity of the violation.

Article 25.

1- The Minister of Foreign Affairs decides on disciplinary measures against diplomatic officials and staff of the Diplomatic Mission as prescribed in Clause 5, Article 22 of the Ordinance.

2- Decisions by the Minister of Foreign Affairs on disciplinary measures against diplomatic officials and staff of the Diplomatic Mission who are not part of the Ministry of Foreign Affairs's personnel establishment should be consulted with the head of the agency managing their personnel establishment.

Article 26. The head of the Diplomatic Mission has the authority to promptly repatriate diplomatic officials, staff, and Vietnamese citizens residing abroad in the following circumstances:

1- Engaging in acts that harm national security or state secrets of Vietnam.

2- There is clear evidence of desertion or betrayal of the country.

3- Their continued presence would pose a danger to the Diplomatic Mission or the Vietnamese community.

4- They have been declared persona non grata or unacceptable by the host country due to violations of its laws.

Article 27. The Minister of Foreign Affairs has the authority to promptly repatriate the head of the Diplomatic Mission and the Head of the Permanent Representative Mission to the United Nations in the following situations:

1- Acts as specified in Article 26 of this Decree.

2- Failure to strictly comply with orders and directives, resulting in serious consequences.

Article 28.

1- Those subject to disciplinary action have the right to appeal as provided by law.

2- Any person who abuses their position or power to improperly discipline diplomatic officials, staff, other officials, staff, or Vietnamese citizens abroad will be subject to disciplinary action, compensation for material losses, or criminal liability depending on the severity of the violation.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 29. To facilitate the completion of tasks, members of the Diplomatic Mission are entitled to the following preferential benefits:

a) Ensured working conditions and living facilities.

b) At Vietnamese border crossings, state agencies respect the representative status of diplomatic officials. When entering or exiting Vietnam, members of the Diplomatic Mission and accompanying family members (including spouses and minor children) holding diplomatic passports are exempt from customs declarations and inspections of personal luggage.

If there is evidence to confirm that prohibited items are contained in personal luggage, such luggage may be inspected pursuant to a written decision by the competent authority in the presence of the owner of the luggage.

Article 30.

This Decree takes effect from the date of signature. All previous regulations inconsistent with this Decree are hereby repealed.

The Minister of Foreign Affairs is responsible for guiding, monitoring, and inspecting the implementation of this Decree.

Article 31.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and heads of Vietnamese Diplomatic Missions abroad are responsible for implementing this Decree.