Decision No. 30/2001/QĐ-BVHTT on the issuance of the Regulation on managing groups going abroad and foreign groups coming to Vietnam under the Ministry of Culture and Information

DECISION OF THE MINISTER OF CULTURE AND INFORMATION

Regarding the issuance of the Management Regulations for Overseas Delegations and Foreign Delegations to Vietnam

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 THE MINISTER OF CULTURE AND INFORMATION

- Pursuant to the Government Decree No. 81/CP dated November 8, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

- Based on Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on Exit and Entry of Vietnamese Citizens;

- Based on Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Law on Entry, Exit, and Residence of Foreigners in Vietnam;

- Considering the proposal of the Director of the Personnel Department;

Pursuant to …;

Article 1. Issued herewith with this Decision are the Management Regulations for Overseas Delegations and Foreign Delegations to Vietnam under the Ministry of Culture and Information.

Article 2. These Regulations shall take effect fifteen days from the date of signature. All previous regulations of the Ministry of Culture and Information that conflict with these Regulations are hereby abolished.

Article 3. The Head of the Ministry's Office, the Directors of the Personnel Department, the International Cooperation Department, the Planning Department, the Financial Accounting Department, the Training Department, the Heads of Departments, Bureaus, and units directly under the Ministry, and all cadres sent abroad for work and study by the Ministry shall be responsible for implementing this Decision.

 

REGULATIONS

Management of overseas delegations and foreign delegations to Vietnam under the Ministry of Culture and Information

(Issued together with Decision No. 30/2001/QĐ-BVHTT dated June 5, 2001 of the Minister of Culture and Information) Decision No. 6 of 2001 of the Minister of Culture - Information

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In recent years, the Ministry of Culture and Information has dispatched many delegations abroad for work, study, performance, business, exhibition, and received numerous foreign delegations to Vietnam. Generally, the management of outgoing and incoming delegations has made significant progress, becoming more systematic, contributing importantly to expanding cultural exchanges with other countries. However, alongside these efforts, there remain several issues that need to be addressed:

1. The procedures and documentation for requesting the dispatch of delegations abroad are still inadequate and incomplete as prescribed.

2. The review of personnel for dispatch abroad is sometimes not stringent enough, leading to instances where individuals outside the organization use the name of the agency or unit to travel abroad.

3. The management of personnel while abroad is insufficient, resulting in some delegations having members who stay behind without returning to Vietnam or return beyond the permitted time; many agencies and units fail to report and take measures to address this.

4. The recovery of passports sent back to the Ministry after the delegation returns from abroad is not strictly enforced, leading to some individuals misusing their retained passports for personal travel abroad or selling them to others without the unit's knowledge.

5. Reporting on the results of the work of outgoing and incoming delegations is not strictly carried out as required, making it difficult to assess effectiveness.

6. There is a lack of close coordination between departments and bureaus within the Ministry in managing outgoing and incoming delegations, although in some cases, delegations entering the country at their own expense may not require approval from the Ministry.

7. The management of the budget allocated for domestic international activities is inconsistent and not strict, leading to different expenditure rules for incoming delegations across various fields.

To strictly implement Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on Exit and Entry of Vietnamese Citizens, Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Law on Entry, Exit, and Residence of Foreigners in Vietnam, Circular No. 04/2000/TT-BNG dated November 8, 2000 of the Ministry of Foreign Affairs, and Circular No. 09/2000/TT-BCA (A18) dated June 7, 2000 of the Ministry of Public Security guiding the implementation of Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on Exit and Entry of Vietnamese Citizens.

The Ministry of Culture and Information hereby promulgates the Management Regulations for Overseas Delegations and Foreign Delegations to Vietnam under the Ministry of Culture and Information as follows:

PART I

GENERAL PROVISIONS

Article 1. By October each year, units directly under the Ministry must develop plans for outgoing and incoming delegations for the following year and report to the Ministry (International Cooperation Department). The International Cooperation Department is responsible for reviewing and consolidating the reports for leadership approval. Unplanned delegations should be minimized to the lowest extent possible. For delegations outside the plan, detailed explanations must be submitted to the Ministry.

The selection of cadres for delegations dispatched abroad for work, study, performance, business, exhibition, etc., must comply with state regulations, sectoral plans, and commitments made by the Ministry of Culture and Information with other countries.

The selection process must be rigorous but simple, facilitating the units and cadres, ensuring the time frame for dispatching and receiving delegations.

Article 2. The heads of units and agencies are responsible to the Minister for dispatching cadres from their units for work and study, as well as foreign delegations working in areas managed by their units, and for complying with current state regulations on exit and entry and the Ministry’s Management Regulations for outgoing and incoming delegations.

Article 3. Individuals dispatched abroad must meet the requirements of their unit's tasks and the conditions set by international organizations and the inviting party.

Chapter II

SPECIFIC PROVISIONS

I - For overseas delegations:

Article 4. Eligibility for Approval to Travel Abroad

1. Civil servants, employees, and workers within the state budget of the Ministry of Culture and Information.

2. Individuals employed under long-term contracts of one year or more directly managed and paid by the unit.

3. Students from universities, colleges, and secondary schools under the Ministry of Culture and Information.

4. Cadres of the Ministry of Culture and Information who have been settled according to policy (retirement, disability, etc.) and are dispatched abroad due to necessary requirements of the Ministry of Culture and Information, designated and decided by the Minister.

5. Artists, cultural activists, and independent artisans invited to join overseas delegations organized by the Ministry of Culture and Information.

Article 5. Individuals falling into any of the following categories shall not be approved to travel abroad: 1. Those currently being pursued for criminal responsibility, obligated to serve a criminal sentence, or requested by investigative authorities not to be allowed to exit the country.

2. A person who has violated the immigration regulations and been administratively punished with a warning or higher shall not be allowed to exit the country for a period of from one to five years, starting from the date of punishment.

3. A person who has been expelled from a foreign country due to violation of that country's laws, if such behavior is serious and harmful to Vietnam's interests and reputation, shall not be allowed to exit the country for a period of from one to five years, starting from the date of return to Vietnam.

4. Other cases for reasons of national security protection and social order and safety.

5. A person whom the Ministry of Health proposes not to allow to exit the country for health reasons.

6. A person showing signs of deviating from the purpose of the trip.

7. A person currently under economic inspection, management control, or awaiting disciplinary action or undergoing disciplinary proceedings.

Article 6. Personal travel (visiting relatives, tourism)

The Ministry will consider and propose the Ministry of Public Security (Border Guard General Department) to handle procedures in the following case:

Civil servants, employees within the establishment going abroad to visit relatives, which include parents, spouse, children, and traveling on tours organized by Travel Companies.

Article 7.Approval of policy

The International Cooperation Department directly assists the Minister in presenting proposals to the leadership of the Ministry for decisions regarding policies to send all delegations abroad managed by the Ministry of Culture and Information for short-term study trips under three months (with comments from the Training Department), except for delegations sent for training according to state quotas allocated through the Ministry of Education and Training, which are reported by the Training Department to the Ministry Leadership.

Article 8. Approval of personnel

1. Authority to dispatch or permit departure abroad:

1.1. The Prime Minister decides on the departure abroad of the Minister; 1.2. The Minister of Culture and Information decides on the departure abroad of Deputy Ministers;

1.3. The Minister of Culture and Information (or delegate authority to the Permanent Deputy Minister) decides on the dispatch abroad of Heads of Departments, Directors of Bureaus, and equivalent positions in administrative state management units;

1.4. The Minister of Culture and Information delegates authority to Deputy Ministers responsible for sectors to decide on the dispatch of personnel abroad for work among civil servants, employees in state-owned enterprises (including those working under long-term contracts of one year or more) under the Ministry of Culture and Information.

1.5. The Minister of Culture and Information delegates authority to the Head of the Cadre Organization Department to issue documents requesting the Ministry of Public Security to issue ordinary passports for all cases of going abroad as specified.

2. Approval of personnel:

2.1. The Cadre Organization Department is the direct agency assisting the Minister in reviewing personnel for delegations abroad. The Ministry Leadership does not approve personnel for delegations abroad without the review opinion on personnel from the Cadre Organization Department;

2.2. Based on the proposal of the heads of units sending cadres abroad, the Cadre Organization Department studies, reviews, and presents to the Minister for consideration and decision;

2.3. The International Cooperation Department prepares a report proposing the Prime Minister to review and decide in the case of personnel being Ministers;

d) The Training Department prepares personnel for delegations and individuals going abroad for long-term training of three months or more and training according to state allocation quotas, coordinating with the Cadre Organization Department and the International Cooperation Department before submitting to the Minister for decision.

Article 9. Review and allocate budget for delegations:

1. The Finance Accounting Department directly assists the Minister in reviewing the budget for delegations funded by the Ministry's foreign currency budget and self-funded budgets of units to ensure expenditures comply with the prescribed standards of the Ministry of Finance and handles the procedures for issuing, settling, and finalizing the budget for delegations of the Ministry.

2. The annual foreign currency budget of the Ministry is only allocated to delegations included in Plan A of the annual delegation plan compiled and approved by the Minister. Foreign currency budget allocations for unexpected delegations outside the plan should be minimized. In this case, the International Cooperation Department and the Finance Accounting Department must clearly explain the budget source before submitting to the Ministry Leadership for decision.

3. Delegations funded by unit self-budgets must have the opinion of the Finance Accounting Department before submitting to the Ministry Leadership for decision.

4. At the end of each quarter, the Finance Accounting Department provides a written summary of the settlement of delegations in the quarter to the Ministry Leadership to provide a basis for adjusting the foreign currency budget for delegations classified as Type B in the approved annual delegation plan and for unexpected delegations.

Article 10. Documents for dispatching delegations for overseas missions:

1. Documents submitted to the International Cooperation Department for policy approval include:

1.1. A request letter from the unit (with comments from the specialized Bureau or Corporation if the unit is a member of a Corporation).

1.2. Invitation letter from the foreign or domestic partner (original).

1.3. Other documents (if applicable).

1.4. Opinion of the Finance Accounting Department in cases where the trip is funded by the unit's budget.

2. Documents submitted to the Cadre Organization Department for personnel decision-making include:

2.1. A copy of the International Cooperation Department's opinion request form on the delegation dispatch policy already directed by the Ministry Leadership (a copy transferred by the International Cooperation Department).

2.2. A request letter from the unit (with comments from the specialized Bureau or Corporation if the unit is a member of a Corporation).

2.3. Copy of the invitation letter from the foreign or domestic partner.

2.4. For combined delegations involving multiple participating agencies, there must be a letter agreeing to dispatch from the unit with invited participants, if they are artists, cultural activists, or freelance artists, there must be a written opinion from the local Department of Culture and Information and confirmation of their background from the local police.

2.5. Brief personal history (according to the model).

2.6. For particularly sensitive areas, individual commitments must be provided (with specific guidance).

3. Documents submitted to the Finance Accounting Department for budget allocation include:

3.1. Decision on dispatching the delegation (original).

3.2. Invitation letter from the foreign or domestic partner (original).

3.3. Quotation from Vietnam National Airlines or other airlines' quotations, including those from Vietnam Airlines for comparison (from the Budget Counter).

3.4. Freight charges quotation (if the delegation carries equipment).

4. Documents submitted to the Training Department in cases of long-term study trips of three months or more and study trips according to state training quotas allocated, include:

4.1. A letter of request from the unit (with comments from the specialized Department or the Corporation if the unit is a member of the Corporation).

4.2. An invitation letter from the foreign or domestic partner (original).

4.3. The decision on study quotas issued by the competent authority.

4.4. Personal curriculum vitae.

4.5. Other documents (if any).

5. Documents for personal travel abroad sent to the Cadre Organization Department include:

5.1. A leave application form.

5.2. A summary of the curriculum vitae (according to the model).

5.3. A letter from the unit.

5.4. An invitation letter from relatives (or a notice of the tour).

6. Time for submitting documents:

Units must submit the documents for traveling abroad to the relevant Departments at least 15 days before the departure of the group or individual. The Departments will not be responsible for delays caused by groups from units that have not completed the required procedures as stipulated.

II. For incoming delegations:

Article 11.The International Cooperation Department is the direct advisory body assisting the Minister in managing all incoming delegations related to work in the field of Culture and Information, and has the following tasks:

- Submitting proposals to the Minister and issuing decisions to welcome all incoming delegations;

- Guiding units in building the content and program of work for delegations;

- Reviewing the budget estimates for welcoming delegations prepared by units according to the approved activity programs before submitting them to the Finance Accounting Department for budget allocation;

- Monitoring the implementation of the delegation reception plans by units;

- Summarizing and evaluating the activities of all incoming delegations annually for the Ministry.

Article 12. The Finance Accounting Department manages the financial affairs of all incoming delegations related to work in the field of Culture and Information, and has the following responsibilities:

- Approving the budget limits for welcoming delegations and allocating funds based on the estimates reviewed by the International Cooperation Department;

- Monitoring the expenditure of incoming delegations;

- Compiling quarterly and annual financial settlements for all incoming delegations and notifying the International Cooperation Department to compile the summary report for leadership review.

Article 13. From the time guests enter Vietnam until they leave, the receiving unit is primarily responsible for managing the guests. They must closely coordinate with the International Cooperation Department and diplomatic, police agencies, and other relevant units to ensure the content and program are carried out as planned.

III. Reporting results and passport management:

Article 14. Reporting results:

Within ten days after the end of all external activities (both outgoing and incoming delegations), units or individuals must send reports to the Ministry:

1. To the Cadre Organization Department:

+ Report on the results and evaluation of the outgoing delegation

2. To the International Cooperation Department:

+ Report on the results and evaluation of the outgoing delegation

+ Report on the results and evaluation of the incoming delegation

3. To the Finance Accounting Department:

+ Financial settlement of the outgoing delegation (according to Circular No. 1450/VHTT-TCKT dated April 23, 2001 of the Ministry of Culture and Information)

+ Financial settlement of the incoming delegation

4. Training Department: Report on the results of short-term or long-term study.

Article 15. Collecting passports:

1. The head of the unit is responsible for managing the passports of all cadres, civil servants, and employees under their unit, with the following duties:

+ Recovering passports of the unit's delegations and individuals returning from overseas missions, and submitting them to the Ministry (Cadre Organization Department) for management within seven days after return;

+ Recovering passports issued to individuals under the unit's management such as those who retire, leave the payroll, terminate labor contracts, die, go missing, graduate, and submitting them to the Ministry (Cadre Organization Department) for transfer to the passport issuing authority for cancellation;

+ In cases where passports are lost, immediately notify the issuing authority to cancel them;

+ In cases where passports are used for unauthorized purposes, overstaying abroad, or failing to return, immediately report to the Ministry and the issuing authority for appropriate action.

2. Heads of units are responsible for strictly implementing the reporting and passport collection system for delegations and individuals returning from overseas missions. If a unit fails to submit the results report and collect passports as prescribed, the Ministry will not process and decide on future overseas assignments, study, performances, etc., for the delegations and individuals proposed to be sent abroad.

Individuals who fail to comply with or violate the regulations on reporting results and passport submission will not be considered for future overseas trips.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. All cadres, civil servants, and employees dispatched by the Ministry of Culture and Information for overseas assignments, study, performances, etc., and those traveling abroad for personal reasons must return as prescribed and strictly adhere to the provisions of this Regulation.

Article 17. Departments, Bureaus, and Corporations shall organize and guide agencies and units to implement well the dispatch of outgoing delegations and the reception of incoming delegations based on their functions and responsibilities and the provisions of this Regulation.