Law Amending and Supplementing Certain Articles of the Law on Overseas Representative Offices of the Socialist Republic of Vietnam, No. 19/2017/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON OVERSEAS MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

SOCIALIST REPUBLIC OF VIETNAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts this Law amending and supplementing certain articles of the Law on Overseas Missions of the Socialist Republic of Vietnam promulgated under Decision No. 33/2009/QH12.

Article 1. Amending and supplementing certain articles of the Law on Overseas Missions of the Socialist Republic of Vietnam

1. Repealing Clause 10 of Article 8; amending and supplementing Clauses 4, 5, 7, 8, 13, and 15 of Article 8 as follows:

"4. Issuing, extending, amending, supplementing, and revoking passports, travel documents, and other documents with exit and entry validity to Vietnam in accordance with the provisions of the law.

5. Issuing, supplementing, and revoking visas; issuing, recalling, and revoking visa exemptions of Vietnam in accordance with the provisions of the law."

"7. Performing notarization and certification tasks in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam and the receiving country are parties; accepting and preserving documents, materials, and valuable items of Vietnamese citizens and legal entities upon request in accordance with the provisions of Vietnamese law and without contravening the laws of the receiving country."

"8. Legalizing consular documents from foreign countries and certifying consular documents from Vietnam in accordance with the provisions of the law."

"13. Implementing judicial assistance in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party."

"15. Cooperating to implement tasks related to disease prevention, animal and plant quarantine in accordance with the provisions of Vietnamese law, the laws of the receiving country, international treaties to which the Socialist Republic of Vietnam and the receiving country are parties, and international law and practice."

2. Supplementing Clause 1a following Clause 1 of Article 10 as follows:

"1a. Uniformly managing external information activities and taking the lead, coordinating with relevant agencies to propose and implement external information activities at the receiving state and international organizations."

3. Amending and supplementing Point b of Clause 2 of Article 15 as follows:

"b) Regular operating funds allocated to the Ministry of Foreign Affairs for distribution to overseas missions, excluding funds designated for defense, security, and trade sectors in accordance with government regulations;"

4. Supplementing Clause 3 to Article 16 as follows:

"3. Project management and construction by overseas missions shall be carried out as follows:

a) Management and use of public investment capital for project construction by overseas missions must comply with the law on public investment. In necessary cases, the procedures for initiating, reviewing, deciding on investment policies, and projects may be simplified;

b) Implementation of project construction by overseas missions shall follow international treaties, agreements between Vietnam and the receiving country, and the laws of the receiving country and Vietnam;

c) Sources of funding for project implementation include state budget allocations and other lawful sources in accordance with the law.

The Government shall provide detailed regulations for this clause."

5. Amending and supplementing Article 17 as follows:

"Article 17. Qualifications for members of overseas missions

1. Members of overseas missions must meet the following qualifications:

a) They must be civil servants, public officials, or employees as prescribed by law, except those who are contractual staff as stipulated in Article 29 of this Law;

b) They must have the required political, professional, language, and work experience qualifications as specified by the Minister of Foreign Affairs based on an overall plan approved by the Prime Minister.

2. Ambassadors must meet the qualifications set forth in Clause 1 of this Article and the following additional qualifications:

a) Absolute loyalty to the Socialist Republic of Vietnam and its Constitution; good moral character, firm political stance, and the ability to protect national interests;

b) Hold a bachelor's degree or higher; possess a bachelor's or advanced level in theoretical politics; have been trained and developed in knowledge, expertise, and diplomatic skills; fluently speak at least one language suitable for their duties;

c) Be well-versed and capable of advising, directing, and effectively implementing foreign policy; have analytical and forecasting abilities; organizational, leadership, team-building, and coordination skills; have experience in foreign affairs management and have held deputy director-level positions or equivalent;

d) Have sufficient health to fulfill assigned tasks; be within the age range to complete at least one term of service, except in special cases where foreign relations requirements, working location, individual capability, and reputation justify it, as determined by the Government."

6. Amend and supplement Clause 3 of Article 19 as follows:

"3. The head of the mission to the United Nations is a Permanent Representative with the rank of Ambassador. The head of the mission to other international organizations is a Permanent Representative, Permanent Observer, or Representative of the President of Vietnam to the organization with the rank of Ambassador or Special Envoy."

7. Amend and supplement Article 20 as follows:

"Article 20. Appointment, Removal, Assignment, and Recall of Heads of Overseas Missions

1. The Standing Committee of the National Assembly approves the Prime Minister’s proposal regarding the appointment and removal of heads of overseas missions who are Special Envoys.

2. Based on the Standing Committee’s resolution, the State President appoints, removes, assigns, and recalls heads of overseas missions who are Special Envoys.

3. The State President assigns and recalls the head of the mission to international organizations who is the Representative of the President of Vietnam upon the Prime Minister’s proposal, except in cases provided for in Clause 2 of this Article.

4. The Minister of Foreign Affairs appoints and recalls heads of overseas missions, except in cases provided for in Clauses 1, 2, and 3 of this Article.

5. The head of the representative agency in a state or international organization may be appointed concurrently as the head of the representative agency in another state or international organization.

8. Add Clause 3a following Clause 3 of Article 21 as follows:

"3a. Shall be responsible for organizing and recommending the implementation of necessary measures to protect state secrets and ensure security and safety for members and the headquarters of the representative agency."

9. Amend and supplement the name of Article 26; add Point d to Clause 1, and add Clauses 3 and 4 to Article 26 as follows:

"Article 26. Treatment for members of the representative agency, their spouses, and minor children accompanying them."

"d) Ensure travel expenses in the event of the death of the member's father, mother, spouse's father or mother, spouse, or minor child."

"3. Minor children accompanying members of the representative agency shall be supported with part of the tuition fees at the receiving state and costs for purchasing health insurance."

4. The Government shall provide detailed regulations on this matter."

10. Amend and supplement Clause 6 of Article 32 as follows:

"6. Recommend the Prime Minister to submit to the Standing Committee of the National Assembly for approval of the nomination and removal of Ambassadors Plenipotentiary; recommend the Prime Minister to request the President to appoint and recall the Representative of the President at international organizations.

Decide to extend the term of office of Ambassadors Plenipotentiary for up to three months; recommend the Prime Minister to decide to extend the term of office of Ambassadors Plenipotentiary beyond three months if necessary due to diplomatic requirements and report to the Standing Committee of the National Assembly and the President."

11. Amend and supplement Article 34 as follows:

"Article 34. Coordination of work between delegations dispatched abroad and representative agencies

1. Delegations dispatched abroad shall promptly notify the representative agency of the content and program of activities in the receiving state or international organization for coordination of work and report the results of the activities to the representative agency or the Ministry of Foreign Affairs upon completion of the mission.

2. The representative agency shall compile and report annually to the competent authority on the activities of the delegations specified in Clause 1 of this Article."

Article 2. Implementation clause

This Law takes effect from July 1, 2018.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 7th session of the 14th term, on June 13, 2019.No.The National Assembly of the Socialist Republic of Vietnam, the fourteenth session, fourth meeting adopted on November 21, 2017.