Decision No. 30/2003/QD-TTg On the issuance of the Rules of Operation of the Government's Negotiation Team on International Economic and Trade Issues

 Pursuant to …;

Regarding the issuance of the Rules of Operation of the Government Negotiation Team on International Economic and Trade Affairseconomy - international trade

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decision No. 116/1998/QĐ-TTg dated July 8, 1998 of the Prime Minister establishing the Government Negotiation Team on International Economic and Trade Affairs;

Considering the proposal of the Chairman of the National Committee for International Economic Cooperation, the Minister of Commerce, and the Head of the Government Negotiation Team on International Economic and Trade Affairs.

DECISION:

Article 1. Issued together with this Decision are the Rules of Operation of the Government Negotiation Team on International Economic and Trade Affairs.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Chairman of the National Committee for International Economic Cooperation, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, the Head and members of the Government Negotiation Team on International Economic and Trade Affairs are responsible for implementing this Decision.

 

REGULATIONS

Rules of Operation of the Government Negotiation Team on International Economic and Trade Affairs
(Issued together with Decision No. 30/2003/QĐ-TTg dated February 21, 2003 of the Prime Minister)

Article 1. Functions of the Government Negotiation Team on International Economic and Trade Affairs

The Government Negotiation Team on International Economic and Trade Affairs (hereinafter referred to as the Government Negotiation Team) has the function of preparing and conducting negotiations for Vietnam's accession to or signing international trade agreements according to the decision of the Prime Minister, with the immediate focus being negotiations for joining the World Trade Organization (WTO).

Article 2. Tasks of the Government Negotiation Team

The Government Negotiation Team shall perform the following tasks:

1. Participate in preparing and contributing opinions to overall negotiation plans to be submitted to the Prime Minister for approval before officially commencing negotiations;

2. Prepare and conduct negotiations within the framework of the negotiation plan approved by the Prime Minister;

3. Report comprehensively on the results of conducted negotiations and propose subsequent actions to be implemented;

4. Coordinate with ministries and sectors to adjust sector-specific plans to serve negotiation work and implement negotiation outcomes after they have been reviewed and decided upon by the Prime Minister;

5. Prepare documents recording negotiation outcomes;

6. Perform other tasks as directed by the Prime Minister and the Chairman of the National Committee for International Economic Cooperation (hereinafter referred to as the Committee).

Article 3. Organizational Structure of the Government Negotiation Team

The Government Negotiation Team consists of: the Head, Deputy Heads, members, Technical Support Group, and secretarial staff.

Article 4. Head of the Government Negotiation Team

The Head of the Government Negotiation Team is the Deputy Minister of Commerce concurrently serving as the Secretary-General of the Committee, appointed by the Prime Minister; responsible to the Prime Minister for preparation and conduct of negotiations.

The Head of the Government Negotiation Team has the following duties and powers:

1. Direct the development and implementation of the annual work plan of the Government Negotiation Team;

2. Organize and assign tasks to members of the Government Negotiation Team for approval by the Committee Chairman;

3. Consolidate plans, direct negotiation methods based on the negotiation plan approved by the Prime Minister;

4. Conduct negotiations, act as the official spokesperson of the Negotiation Team, and be responsible for negotiation work;

5. Request relevant ministries, sectors, and agencies to prepare and provide necessary documents for negotiations in accordance with the schedule;

6. Report to the Prime Minister and the Committee Chairman on the results of negotiation sessions and propose subsequent actions to be implemented;

7. Evaluate the performance of members of the Government Negotiation Team.

Article 5. Deputy Heads of Government Negotiation Delegations

Deputy Heads of Government Negotiation Delegations are officials at the Department level from relevant Ministries and sectors appointed and relieved of their positions by the Chairman of the Committee upon the proposal of the Head of the delegation and the Secretary-General of the Committee.

Deputy Heads of Government Negotiation Delegations shall perform the following tasks:

1. Manage certain specialized tasks of the Government Negotiation Delegation according to the division of labor by the Head of the delegation;

2. Chair individual negotiations according to the division of labor by the Head of the delegation;

3. Assist the Head of the delegation in performing some of the tasks set forth in Article 4 of this Regulation when authorized by the Head of the delegation.

Article 6. Members of the Government Negotiation Delegation

1. Members of the Government Negotiation Delegation are officials at the Department level representing relevant Ministries and sectors involved in negotiations, nominated by the Ministries and sectors to be responsible for specialized work within the Negotiation Delegation and approved by the Chairman of the Committee;

2. Ministries and sectors that nominate officials to participate in the Negotiation Delegation have the responsibility to provide all necessary facilitation for these officials to prepare and conduct negotiations: allocate adequate time, provide necessary documents and guidance, maintain stable participation of these officials in the Negotiation Delegation. In case of transfer to other duties, permission from the Prime Minister must be obtained and a suitable replacement must be provided;

3. Members of the Negotiation Delegation act as focal points for matters within the scope of management of their respective Ministries and sectors and are accountable to the Heads of their supervising units and the Head of the Government Negotiation Delegation regarding negotiation contents related to their specialized fields;

4. Perform other tasks related to negotiations assigned by the Head of the delegation.

Article 7. Technical Support Group

Members of the Technical Support Group are specialists from some relevant Ministries and sectors nominated by the Ministries and sectors based on the proposal of the Head of the Government Negotiation Delegation.

Members of the Technical Support Group shall perform technical and specialized support tasks for the Government Negotiation Delegation according to the division of labor by the Head of the delegation.

Relevant Ministries and sectors share the responsibility to ensure working conditions for members of the Technical Support Group similar to those for members of the Negotiation Delegation.

Article 8. Secretariat of the Government Negotiation Delegation

The Secretariat is a specialized unit assisting the Government Negotiation Delegation under the Office of the Committee.

The Secretariat shall perform the following tasks:

1. Assist the Head of the delegation in preparing the work plan of the Government Negotiation Delegation and urge members of the Negotiation Delegation to carry out assigned tasks according to schedule;

2. Budget planning and management of the activities of the Government Negotiation Delegation; arrange logistics for domestic and international negotiation sessions;

3. Keep negotiation documents; record minutes and prepare reports to submit to competent authorities on the results of negotiation sessions; prepare related documents;

4. Coordinate with the Technical Support Group to implement tasks assigned by the Head of the delegation.

Article 9. Mechanism for Coordination of Work

1. Preparation for negotiations:

a) Ministries and sectors tasked with being focal points for customs, non-tariff measures, services, intellectual property rights, and other areas shall take the lead in developing final commitment proposals to be submitted to the Prime Minister for consideration and decision;

b) For each specific round of negotiations:

- Ministries and sectors, according to the division of labor by the Prime Minister, send negotiation plans within their respective areas to the Ministry of Trade for consolidation into a general plan to be submitted to the Prime Minister for consideration and decision. The Chairman of the Committee has the responsibility to assist the Prime Minister in reviewing these plans;

- Based on the approved plan, the Head of the Government Negotiation Delegation develops negotiation plans with each partner. For issues exceeding the approved scope, the Head of the delegation will coordinate opinions with relevant Ministries and sectors and report to the Chairman of the Committee for further submission to the Prime Minister if necessary for decision;

c) Ministries and sectors are responsible for providing full information related to the Government Negotiation Delegation when requested.

2. During the negotiation process:

a) The Head of the delegation chairs the negotiations and is the official spokesperson of the delegation. Members may only speak when designated or authorized by the Head of the delegation;

b) During negotiations with partners, except for the Head of the delegation, other members may not make statements or decisions on any proposals made by negotiating partners without authorization from the Head of the delegation, but they can explain technical aspects within their specialized fields according to the division of labor by the Head of the delegation;

c) For issues where there are differing opinions between the Head of the delegation and members representing Ministries and sectors, the Head of the delegation has the authority to decide and is accountable to the Prime Minister for such decisions. Representatives of relevant Ministries and sectors have the right to reserve their opinions and clearly inform the Head of the delegation during the next internal meeting of the delegation. They should not debate with the Head of the delegation or other members during the negotiation process. These reserved opinions must be reported to the leadership of their supervising agencies as soon as possible for resolution. If the leadership of the supervising agency still disagrees with the Head of the delegation, the Head of the agency shall report to the Prime Minister for review and decision;

d) The Head of the delegation must ensure that all members are promptly informed about any issues related to negotiations.

3. After each negotiation session:

a) The Negotiation Delegation convenes to summarize and evaluate the results, clearly stating changes and unresolved issues in the negotiation, the extent of assigned task completion, prospects, and propose measures to continue negotiations to address unresolved issues to report to the Prime Minister;

b) Focal Ministries and sectors base their adjustments and revisions of negotiation plans and offers sent to the Ministry of Trade for consolidation into a plan to be submitted to the Prime Minister for review and decision on the results of negotiations and the directives of the Chairman of the Committee;

c) The focal Ministry compiles and immediately sends the main requests of countries to relevant members, including those who did not directly participate in the negotiation session;

d) Other documents received during the negotiation process, if not necessary to announce during the ongoing negotiation, must be copied and sent to members immediately after the conclusion of the negotiation.

đ) The members of the negotiation team have an absolute obligation to maintain the confidentiality of all information and documents related to the negotiations.

Article 10. Working System of Government Negotiation Team Members

1. Members of the Government's negotiation team work on a part-time basis, strictly adhering to the assignments of the Head of the Government's negotiation team, and performing their specialized tasks according to the assignments of the Head.

2. Members participating in negotiation sessions shall be entitled to receive allowances during the preparation and conduct of such sessions both domestically and abroad, as decided by the Prime Minister based on the proposal of the committee.

3. Members of the Government's negotiation team and the Technical Support Group shall be given priority in attending training courses, research topics, and seminars both domestically and abroad.

Article 11. Operating Expenses

The operating expenses of the Government's negotiation team are funded from the State budget and are consolidated into the total operating expenses of the Committee.