Joint Circular No. 2215/2000/TTLT/BKHCNMT-BNG guides the implementation of certain clauses under Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on Vietnam's Representative Offices Abroad.

JOINT CIRCULAR

Guidelines for implementing certain provisions under Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad

 Implementing Articles 46, 47, 48 of the Law on Science and Technology, Articles 7, 9, 10, 17, and 23 of the Ordinance on Agencies Representing the Socialist Republic of Vietnam and Articles 4, 5, 7, 12, 15, 20 of Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the aforementioned Ordinance, based on Decision No. 280-CP dated September 1, 1990 of the Council of Ministers regarding the establishment of the Science and Technology Unit under the Embassy of the Socialist Republic of Vietnam abroad, the Joint Ministries of Foreign Affairs and Science, Technology and Environment hereby guide the Agencies Representing the Socialist Republic of Vietnam (hereinafter referred to as the Agencies) and the Science and Technology Units abroad to implement as follows:

I. NAME:

The units managing scientific and technological activities previously under the Agencies shall be uniformly named as the Science and Technology Unit of the Embassy of the Socialist Republic of Vietnam (hereinafter abbreviated as the Science and Technology Unit). The uniform English name for transactions is: Scientific and Technological Section of the Embassy of the S.R.V. (where there is no Embassy, it will be called according to the name of the Agency).

Implement tasks assigned by the State management agency for science, technology, and environment and the head of the Agency.

Be well-informed about major policies, measures for economic and social development, science, technology, and environmental protection, and foreign policy of the Party and the State.

II. DUTIES AND LIMITATIONS:

Study the strategic plans, policies, and plans for development of the host country, the policy on developing relations with Vietnam, especially in the field of scientific research, technological development, and environmental protection, to provide advice and information to the head of the Agency and through that to the Ministry of Science, Technology, and Environment and relevant agencies in the country regarding policies, measures, and possibilities for cooperation in the fields of scientific research, technological development, and environmental protection.

Assist the head of the Agency in managing the implementation of the scientific and technological cooperation plan signed between the Government of Vietnam and the Government of the host country or with international organizations on science and technology located in the host country (hereinafter referred to as the host country). Based on the situation and capacity for scientific, technological, and environmental activities in the host country, needs and capabilities of our country, proactively propose directions, contents, appropriate forms of cooperation, and participate in building plans and programs for cooperative research, technological development, and environmental protection between our government and the host country.

Gradually implement requirements for technology warnings, focusing on collecting and studying advanced technologies, technologies suitable for domestic production within their jurisdiction, and make recommendations to the country for implementation (through documents, inviting experts, implementing cooperative projects, negotiating parties, or purchasing copyright...).

Prepare and participate in meetings and negotiations on cooperation in the field of scientific research, technological development, and environmental protection between the two countries held in the host country. Participate and support meetings, negotiations, and signing ceremonies held in the country upon decision of the Minister of Science, Technology, and Environment.

Manage and support activities of delegations and individuals from the country working in the host country within the framework of agreements between the two states on scientific, technological, and environmental cooperation, report periodically, comment, and recommend on the organization of delegations. Coordinate with relevant agencies of the Ministry of Education and Training to organize training for scientific and technological personnel in their jurisdiction.

Proactively propose to the head of the Agency on participating in conferences, seminars, exhibitions, and other activities related to scientific research, technological development, and environmental protection organized in the host country. Contact research institutions, scientists, including individual scientists in the Vietnamese community in the host country to collect necessary information to report to the head of the Agency and relevant agencies in the country, while seeking their assistance to build and develop cooperative relationships between representative agencies, domestic scientific and technological agencies with organizations and individuals in the host country.

Annually prepare a budget estimate for the implementation of assigned tasks based on the characteristics of work in each area and specific guidance from specialized units of the Agency, and report to the head of the Agency for consideration and inclusion in the overall budget estimate of the Agency.

Recommend to the head of the Agency for consideration and resolution of extending the research, survey, and scientific internship time for delegations and individuals currently in the host country within the framework of agreements between the two states on scientific and technological cooperation and environmental protection, after consulting the opinions of relevant domestic management agencies based on professional requirements to complete research, surveys, and scientific internships.

Build friendly, cooperative, and mutually trusting relationships with units under the Agency and relevant agencies of the host country.

Regularly report (every six months and annually) through the head of the Agency to the Ministry of Science, Technology, and Environment and the Ministry of Foreign Affairs on the situation and results of the implementation of the above-assigned tasks.

Establish friendly, cooperative, and mutually trusting relations with the relevant departments of the Representative Office and the competent authorities of the host country.

Regularly report (every six months and annually) through the head of the Representative Office to the Ministry of Science and Technology and the Ministry of Foreign Affairs on the situation and results of implementing the assigned tasks mentioned above.

III. WORKING REGIME AND ORGANIZATIONAL STRUCTURE:

The Science and Technology Section shall be directly guided on political work and internal management by the Head of the Representative Office, while also being guided on business operations and expertise by the Ministry of Science and Technology and Environment. The Head of the Science and Technology Section is responsible for informing the Head of the Representative Office about policies and directives from the Ministry of Science and Technology and Environment, seeking opinions on programs and plans, policies, and reporting results, while also seeking support from the Representative Office to fulfill assigned tasks.

The Science and Technology Section shall regularly receive necessary information and materials from the Ministry of Foreign Affairs and the Ministry of Science and Technology and Environment to serve its tasks. The liaison department of the Ministry of Science and Technology and Environment is the Department of International Relations. The Department of International Relations is tasked with assisting the leadership of the Ministry of Science and Technology and Environment to convey necessary information and directives of the Ministry to the Science and Technology Section through the Head of the Representative Office in the host country.

The members of the Science and Technology Section shall convene a meeting every two years to exchange work experiences, disseminate policies, plans for scientific and technological development, and environmental protection, and propose measures to promote scientific and technological cooperation between Vietnam and the host country. The Minister of Science and Technology and Environment decides on the composition, time, and location of the meeting after consultation with the Ministry of Foreign Affairs.

The Science and Technology Section may have diplomatic staff ranging from Counsellors to Ministers, and if deemed necessary, additional personnel. The number of staff in the Science and Technology Section is proposed by the Ministry of Science and Technology and Environment, agreed upon by the leadership of both Ministries, and approved by the Government. For those appointed as Heads of the Science and Technology Section, the following requirements must be met:

At least five years of work experience after graduation from university;

Ability to independently handle work;

Knowledge of at least two foreign languages, including fluency in one primary working language;

Good health to complete assigned tasks under working conditions, living conditions, and climate of the destination;

Political level of at least intermediate, not currently under investigation for legal violations;

Understanding of national policies and strategies for economic and scientific and technological development;

Knowledge of activities and organizations within the domestic system of scientific research and management;

Understanding of the host country and its bilateral relations, as well as the development of science and technology in the area of assignment;

Good communication skills and knowledge of diplomatic regulations;

Acceptable appearance for diplomatic work.

Special cases outside the above criteria will be decided by the leaders of both Ministries.

The Ministry of Science and Technology and Environment selects and recommends staff based on the staffing quota approved by the Government, the standards set out in Article 5 of Decree 183/CP dated November 18, 1994, and the ability to complete tasks within the Science and Technology Section. The Ministry of Foreign Affairs checks their language proficiency and provides training in foreign affairs politics to ensure that they meet the criteria for their positions.

Diplomatic ranks for staff assigned to work abroad are decided by the Ministry of Foreign Affairs based on agreement between the two Ministries, in accordance with the Diplomatic Rank Ordinance, taking into account the specific situation of the Representative Office and the career history of the assigned staff.

The term of service for members of the Science and Technology Section is three years.

In special cases, due to work needs, based on the opinion of the Ministry of Science and Technology and Environment, the Minister of Foreign Affairs may decide to extend the term of service for members of the Science and Technology Section after consulting with the Head of the Representative Office. The extension period shall not exceed eighteen months. Staff whose terms are extended will enjoy living allowances, clothing subsidies, and other benefits stipulated by the State in accordance with the extended period.

IV. ON FINANCE AND INFRASTRUCTURE:

The Head of the Representative Office is responsible for arranging workplaces, accommodation, and operational means for staff of the Science and Technology Section according to the budget capacity of the Representative Office.

Based on the annual budget of the Representative Office and the Science and Technology Section's forecast, the Head of the Representative Office determines the financial limit for the Science and Technology Section. The Science and Technology Section is responsible for implementing the approved expenditure plan and adhering to specific guidelines provided by the Representative Office in accordance with current regulations. If urgent expenditures outside the budget are required due to scientific and technological activities, the Science and Technology Section must report specifically to the Head of the Representative Office for consideration and decision.

V. IMPLEMENTATION:

This Circular takes effect fifteen days from the date of signature.

During the implementation of this Circular, if there are any difficulties, the Representative Offices should report to the Ministry of Foreign Affairs and the Ministry of Science and Technology and Environment for coordination and resolution./.