Decree No. 21/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs

DECREE OF THE GOVERNMENT

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;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, Session I, Term XI, which defines the list of ministries and ministerial-level agencies of the Government;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government, which stipulates the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Foreign Affairs and the Minister of Public Security,

 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, Vietnamese representative offices abroad; managing state services and representing state ownership in enterprises with state capital within the scope of the Ministry's management 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 shall be responsible for performing tasks and powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting draft laws, ordinances, and other legislative documents to the Government and the Prime Minister concerning areas under the Ministry’s state management;

2. Submitting strategies, development plans, long-term, five-year, and annual plans within the scope of the Ministry’s state management to the Government and the Prime Minister;

3. Issuing decisions, directives, and circulars within the scope of the Ministry’s state management;

4. Directing, guiding, inspecting, and being responsible for implementing legislative documents, strategies, plans, and other legal documents within the scope of the Ministry’s management after approval; promoting, disseminating, educating about laws, and providing information on areas under the Ministry’s state management;

5. Regarding diplomatic work:

a. Submitting proposals to the Government and the Prime Minister on establishing or terminating diplomatic and consular relations with countries and intergovernmental international organizations; setting up or withdrawing Vietnamese representative offices abroad; appointing and recalling Ambassadors Extraordinary and Plenipotentiary, Heads of Permanent Delegations of Vietnam to the United Nations;

b. Representing the State in diplomatic relations with countries and international organizations; conducting state external activities;

c. Implementing the acceptance of foreign diplomatic representatives in Vietnam. Managing the activities of foreign diplomatic and consular agencies, including honorary consular agencies, and agencies of international organizations within the United Nations system and intergovernmental international organizations stationed in Vietnam in accordance with Vietnamese law and international law;

d. Leading the preparation for high-level delegations from our country visiting other countries or attending international conferences and welcoming high-level delegations from other countries and international organizations visiting Vietnam within the scope defined by the Government;

đ. Organizing and participating in international conferences and seminars in fields managed by the Ministry;

e. Announcing Vietnam's official stance on international issues; organizing international press conferences and preparing content for interviews with senior leaders of the Party and State for foreign media regularly or upon urgent request;

g. Leading the monitoring, summarizing, and responding to foreign media reports related to Vietnam; monitoring and implementing external information activities abroad;

h. Managing and granting permission for foreign journalists' press activities in Vietnam; managing and resolving press activities of foreign delegations visiting Vietnam at the invitation of State leaders, the Government, and the Ministry of Foreign Affairs;

i. Leading the activities of the National Committee for UNESCO;

k. Protecting the interests of the State, legitimate rights and interests of Vietnamese organizations and citizens abroad according to Vietnamese law and international law;

l. Performing consular tasks, entry and exit procedures for Vietnamese citizens and foreigners as assigned by the Government; handling legalization, consular certification, nationality, and civil status matters; protecting Vietnamese citizens abroad as prescribed by law;

6. Regarding national territorial boundaries:

a. Studying, compiling, and evaluating the situation of national territorial boundary management, airspace, maritime zones, islands, and the continental shelf of Vietnam; proposing policies and appropriate measures;

b. Assisting the Government in determining national boundaries, defining the scope of sovereignty and rights of the Socialist Republic of Vietnam on land, sea, air, islands, and the continental shelf;

c. Leading the drafting of national boundary delimitation schemes; determining the limits of the exclusive economic zone and continental shelf of Vietnam with neighboring countries;

d. Directing, guiding the organization to implement and requiring relevant sectors and localities to report periodically or urgently on border management work; delineating and marking national borders based on international treaties on national boundary delimitation signed between the Socialist Republic of Vietnam and neighboring countries;

đ. Submitting to the Prime Minister for handling or guiding the handling within their authority of issues arising in the activities of relevant sectors and localities concerning sovereignty and rights of the Socialist Republic of Vietnam on land, sea, air, islands, and the continental shelf;

7. Regarding overseas Vietnamese communities:

a. Studying, compiling the situation, and proposing policies towards overseas Vietnamese to the Government and competent authorities;

b. Leading, coordinating, and guiding ministries, ministerial-level agencies, government-affiliated agencies, and local authorities in information dissemination, propaganda, mobilization, and implementation of policies towards overseas Vietnamese and their relatives;

c. Support, guide Vietnamese citizens abroad in their connections and contributions to the construction of the country;

d. Manage the organization and activities of the support fund and mobilize the Vietnamese community abroad.

8. Regarding the management of Vietnamese representative offices abroad:

a. Direct and inspect the implementation of the foreign policy and policies of the State and the functions and tasks of the representative offices and members of the representative offices;

b. Direct the coordination of activities between the representative offices and relevant agencies within the country;

c. Transfer officials, civil servants, and employees of the representative offices according to the regulations of the Government;

d. Take the lead in implementing state management over economic service activities of the representative offices;

đ. Direct the construction and management of material and technical infrastructure and funding of the representative offices.

9. Regarding the signing and implementation of international treaties and agreements:

a. Submit to the Government for negotiation, signing, or accession to international treaties under the Ministry's responsibility;

b. Organize negotiations with countries and international organizations; sign or accede to international treaties according to the Government's authorization;

c. Guide, urge, inspect, and coordinate the organization of the implementation of international treaties to which Vietnam is a member;

d. Organize the recording, archiving, microfilming, and national statistics on international treaties to which Vietnam has joined and signed;

đ. Guide, urge, and inspect the signing and implementation of international agreements by provinces, centrally governed cities, political-social organizations, social organizations, and socio-professional organizations of the Socialist Republic of Vietnam;

Guide the archiving and recording of international agreements; direct the statistics of such international agreements;

10. Guide ministries, ministerial-level agencies, government agencies, and local people's committees on the implementation of policies, regulations related to state external activities and diplomatic operations;

11. Organize scientific research on international relations; study, summarize, compile, and publish publications on Vietnamese diplomacy and scientific research works on areas managed by the Ministry;

12. Decide specific policies and measures and direct the implementation of operational mechanisms of public service organizations under the Ministry's management according to the law; manage and direct the activities of public institutions under the Ministry;

13. Perform specific duties and powers belonging to the representative ownership of the state capital in enterprises with state capital under the Ministry's management according to the law;

14. Manage state activities of foreign associations and non-governmental organizations in areas managed by the Ministry according to the law;

15. Conduct inspections, handle complaints, investigate and prosecute corruption, waste, and violations of laws within the Ministry's jurisdiction;

16. Decide and direct the implementation of the administrative reform program of the Ministry according to the approved national administrative reform program by the Prime Minister;

17. Manage organizational structure and staffing; direct the implementation of salary systems, diplomatic ranks, and incentive, reward, and disciplinary policies for state officials, civil servants, and employees under the Ministry's management; train and develop professional skills for staff in the diplomatic sector;

18. Manage finances and assets assigned and organize the implementation of the budget allocated according to the law.

Article 3. Organizational Structure of the Ministry

a. Organizations assisting the Minister in performing state management functions:

1. Department of Foreign Policy;

2. Department of Economic Synthesis;

3. Department of Multilateral Economic Cooperation;

4. Department of Asia I;

5. Department of Asia II;

6. Department of Europe I;

7. Department of Europe II;

8. Department of Americas;

9. Department of West Asia - Africa;

10. Department of ASEAN;

11. Department of Law and International Treaties;

12. Department of International Organizations;

13. Protocol Department;

14. Department of Culture - UNESCO;

15. Department of Information and Press;

16. Cadre and Civil Service Department;

17. Financial Management Department;

18. Consular General Bureau;

19. Ministry Inspectorate;

20. Ministry Office;

21. Committee for Overseas Vietnamese;

22. Border Commission;

23. Ho Chi Minh City Department of Foreign Affairs.

b. Public institutions under the Ministry include::

1. Institute of International Relations;

2. International Newspaper;

3. Center for Foreign Media Guidance;

4. Center for External Economic Information and Computing;

5. Diplomatic Service Support Bureau.

c. Vietnamese representative offices abroad uniformly managed by the Ministry of Foreign Affairs include:

1. Embassies;

2. General Consulates and Consulates;

3. Permanent Representative Missions of Vietnam abroad and at the United Nations and other intergovernmental international organizations.

Article 4. Effective date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

This Decree replaces Decree No. 82/CP dated November 10, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, Decree No. 37/CP dated April 26, 1997 of the Government on the tasks, powers, and organizational structure of the Committee for Overseas Vietnamese under the Ministry of Foreign Affairs, and Decree No. 21/CP dated May 8, 1993 of the Government on the tasks, powers, and organizational structure of the Border Commission of the Government.

Article 5.Responsibility for Implementation

The Minister of Foreign Affairs, ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for enforcing this Decree./.