Decision No. 30/2016/QD-TTg on the establishment, organization, and operation of the Vietnam Sub-Committee within intergovernmental committees with foreign countries issued by the Prime Minister

Pursuant to …;

REGARDING THE ESTABLISHMENT, ORGANIZATION AND OPERATIONS OF THE VIETNAMESE SUB-COMMITTEE

IN INTERGOVERNMENTAL COMMISSIONS WITH FOREIGN COUNTRIES

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Pursuant to the LawOrganization||| Pursuant to Resolution No. 6 on June 19, 2015;the||| Pursuant to the Law on Legislative Regulatory Documents dated July 10, 2015;

||| Pursuant to the international treaty dated April 9, 2016;Pursuant to Decree No. 94/2015/NĐ-CP dated August 16, 2015 amending and supplementing certain provisions of Decree No. 136/2007/NĐ-CP dated August 17, 2007 on entry and exit of Vietnamese citizens;

Pursuant to the LawArticleAt the proposal of the Minister of Foreign Affairs and the Chairman of the Government Office;

PURSUANTThe Prime Minister issues this Decision on the establishment, organization and operations of the Vietnamese Sub-Committee in intergovernmental commissions between the Government of the Socialist Republic of Vietnam and foreign governments in areas of cooperation such as politics, diplomacy, security, economy, trade, investment, finance, science and technology, culture, sports and tourism.Article 1. Intergovernmental Commissions are established based on international treaties representing the Government and may be named as Intergovernmental Commission, Joint Commission, Bilateral Cooperation Commission, Steering Committee for Cooperation, Working Committee, Partnership Forum, Council or other appropriate names according to the international treaties to which the Government of the Socialist Republic of Vietnam is a member (hereinafter referred to as Intergovernmental Commission).the 10 Article 2. The Vietnamese Sub-Committee within the Intergovernmental Commission, performing tasks assigned by the Prime Minister to promote cooperation with foreign countries, shall be named the Vietnamese Sub-Committee, Cooperation Commission, Coordination Board, Steering Committee for Cooperation or other names agreed upon with the foreign side (collectively referred to as the Vietnamese Sub-Committee in the Intergovernmental Commission, hereinafter referred to as the Sub-Committee).Article 3. Functions of the Sub-CommitteeThe Sub-Committee assists the Prime Minister in coordinating cooperation relations in all fields with foreign countries within the framework of the Intergovernmental Commission; promotes the development and strengthening of cooperative relations, implements international treaties and agreements signed with foreign countries, ensuring effective operations of the Intergovernmental Commissions.

Clause 1. The establishment, organization, operation and dissolution of the Sub-Committee shall be carried out in accordance with the provisions of this Decision.At the proposal of,

Clause 2. The Sub-Committee does not perform state management functions and does not have its own seal. Members of the Sub-Committee operate on a part-time basis.At the proposal ofClause 3. The Sub-Committee exchanges and agrees with the foreign side on principles at the governmental level regarding cooperation in political, diplomatic, security, economic, trade, investment, scientific and technological, cultural, sports and tourism fields, aiming to create legal frameworks and favorable cooperation environments for partners. Specific cooperation issues are directly negotiated and concluded by relevant ministries, sectors, localities, and enterprises of the two countries.||| concerning the establishment, organization, and operation of the Vietnam Sub-committee within intergovernmental committeesof the National Assembly;|||||| with foreign governments.

PART I

GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

||| This Decision stipulates the establishment, organization, and operation of the Vietnam Sub-committee within intergovernmental committees between the Government of the Socialist Republic of Vietnam and foreign governments in areas of cooperation such as politics, diplomacy, security, economy, trade, investment, finance, science and technology, culture, sports, and tourism.

1. Inter-ministerial coordination bodies shall be organized in the following forms: Councils, Committees, Steering Boards, Working Groups.

1. Intergovernmental committees are established based on international treaties representing the Government and may be named as Intergovernmental Committees, Joint Committees, Bilateral Cooperation Committees, Steering Committees for Cooperation, Working Committees, Partnership Forums, Councils, or other appropriate names in accordance with international treaties to which the Government of the Socialist Republic of Vietnam is a member (hereinafter referred to collectively as Intergovernmental Committees).

2. The Vietnamese side within Intergovernmental Committees, tasked with promoting cooperative relations with foreign countries as assigned by the Prime Minister, shall be named the Vietnam Sub-committee, Cooperation Committee, Cooperation Board, Steering Committee for Cooperation, or other names agreed upon with the foreign side (collectively referred to as the Vietnam Sub-committee within Intergovernmental Committees, hereinafter referred to as the Sub-committee).

||| Article 3. Functions of the Sub-committee

The Sub-committee has the function of assisting the Prime Minister in coordinating cooperative relations across all fields with foreign countries within the framework of Intergovernmental Committees; promoting the development and strengthening of cooperative relations, implementing international treaties and agreements signed with foreign countries, ensuring the effective operation of Intergovernmental Committees.

1. The establishment, organization, and operation, reorganization, and dissolution of inter-ministerial coordination bodies shall be carried out in accordance with the provisions of this Decision.

1. The establishment, organization, operation, and dissolution of the Sub-committee shall be carried out in accordance with the provisions of this Decision.

2. The Sub-committee does not perform state management functions and does not have its own seal. Members of the Sub-committee operate under a part-time system.

3. The Sub-committee exchanges and agrees with the foreign side on principles at the governmental level regarding cooperation in political, diplomatic, security, economic, trade, investment, scientific and technological, cultural, sports, and tourism fields, aiming to create favorable legal frameworks and cooperative environments for partners. Specific cooperation issues are directly negotiated and concluded by relevant ministries, sectors, localities, and enterprises of both countries.

Article 5. Tasks of the Sub-committee

The Sub-committee has the following tasks:

1. Proposing and coordinating with ministries, sectors, and localities to study the possibility of expanding cooperation in political, diplomatic, security, economic, trade, investment, financial, scientific and technological, cultural, sports, and tourism fields with foreign countries; proposing to the Prime Minister directions and solutions to address important issues within the framework of the Joint Government Committee.

2. Assisting the Prime Minister in urging ministries, sectors, and localities within the scope of activities of the Joint Government Committee to prepare content, negotiate, and sign agreements with countries having cooperative relations managed at the state level, in accordance with the functions assigned to each agency.

3. Assisting the Prime Minister in monitoring, urging, and organizing coordination among ministries, sectors, and localities to implement agreements and commitments made in various fields of cooperation within the framework of the Joint Government Committee; exchanging opinions with the foreign side to find solutions that facilitate both sides in fulfilling their obligations.

4. Chairing or coordinating with the foreign side to organize meetings of the Joint Government Committee with content reviewing the implementation of agreements from the previous meeting, setting out directions and measures to strengthen cooperation for the next period. Regularly organizing meetings of the Vietnamese Sub-committee to evaluate cooperation results and discuss measures to continue implementing agreements recorded in the minutes of the Joint Government Committee meetings.

5. Implementing the reporting system on the organization and operation of the Sub-committee, managing files, documents, funds, facilities, and working equipment according to the provisions of the law.

Article 6. Composition of the Sub-committee

1. The Chairman of the Sub-committee is a Deputy Prime Minister, Minister, or Vice Minister depending on the level of cooperation, as assigned by the Prime Minister and agreed upon with the foreign side.

2. The Sub-committee may have a Vice-Chairman who is a Vice Minister or equivalent, based on agreement with the foreign side.

3. Members of the Sub-committee, representing agencies with extensive cooperative relations, are Vice Ministers or department/council-level officials.

4. The Secretariat of the Sub-committee includes members from the agency responsible for chairing the Sub-committee, representatives of the Ministry of Foreign Affairs, and other agencies with extensive cooperative relations. The specific composition of the Secretariat is decided by the Chairman of the Sub-committee.

5. The Secretary of the Sub-committee is a department-level officer or senior specialist from the Office of the Government and must have at least five years of experience in state management in the field of international relations, as decided by the Minister, Head of the Office of the Government.

In case the Office of the Government does not appoint a Secretary for the Sub-committee, the agency responsible for chairing the Sub-committee shall appoint an officer from its own agency in compliance with the above regulations to serve as the Secretary of the Sub-committee.

6. When necessary, additional members may be appointed or special committees or working groups may be established according to the operational needs of the Joint Government Committee.

7. The Office of the Government shall take the lead and coordinate with the agency responsible for chairing the Sub-committee and related agencies to propose to the Prime Minister for approval of the structure and specific composition of the Sub-committee.

Chapter II

PROCEDURES FOR ESTABLISHING AND DISSOLVING THE SUB-COMMITTEE

Article 7. Proposal for the establishment of Sub-commission

1. The Sub-commission shall be established pursuant to the Decision of the Prime Minister.

2. Based on agreements with the foreign side, the Ministry of Foreign Affairs shall take the lead in coordinating with the Government Office and relevant agencies to recommend to the Prime Minister the assignment of the agency (Ministry) to head the Sub-commission.

3. The agency assigned to head the Sub-commission shall submit to the Prime Minister for approval the Decision establishing the Sub-commission.

4. The dossier for the establishment of the Sub-commission includes:

a) A proposal regarding the establishment of the Sub-commission (detailing the necessity, proposed composition, tasks, and duration of operation);

b) A draft Regulation on the organization and operation of the Sub-commission;

c) Written opinions of related agencies and organizations.

Article 8. Examination of the establishment of the Sub-commission

The agency heading the Sub-commission shall be responsible for submitting the dossier (including the items listed in Article 7) to the Ministry of Home Affairs for examination of the establishment of the Sub-commission.

Article 9. Procedures for the establishment of the Sub-commission

1. The agency assigned to head the Sub-commission shall submit the dossier to the Government Office, accompanied by the examination opinion of the Ministry of Home Affairs.

2. The Government Office shall submit to the Prime Minister for consideration and decision on the establishment of the Sub-commission.

Article 10. Adjustment and improvement of the Sub-commission

The agency assigned to head the Sub-commission and the Government Office shall propose to the Prime Minister adjustments and improvements to the Sub-commission when there are changes in its functions, tasks, composition, and working regime.

Article 11. Dissolution

1. The Sub-commission shall be dissolved in the following cases:

a) The Joint Committee ceases operations;

b) After completing its tasks;

c) Being dissolved for failing to complete its tasks.

2. The Prime Minister shall decide on the dissolution of the Sub-commission.

Chapter III

ACTIVITIES OF THE SUB-COMMISSION

Article 12. Working Regime

The Sub-commission operates under the principle of democratic centralism and emphasizes the personal responsibility of the head.

Article 13. Responsibilities of the agency assigned to head the Sub-commission

The agency assigned to head the Sub-commission shall ensure the conditions for the Sub-commission's activities and utilize its own organizational structure to implement the Sub-commission's tasks.

Article 14. Rights and responsibilities of the Chairman of the Sub-commission

The Chairman of the Sub-commission shall be responsible for:

1. Implementing the assigned tasks as stipulated in Article 5 and being accountable to the Prime Minister for their execution.

2. Issuing regulations on the organization and operation of the Sub-commission and assigning tasks to its members.

3. Chairing meetings of the Joint Committee. Meetings of the Joint Committee shall be held at locations agreed upon by both sides. In addition to regular meetings of the Joint Committee, each side's Chairman may propose additional meetings to discuss solutions to important issues within the framework of the Joint Committee.

Prior to convening a meeting of the Joint Committee, the Chairman of the Sub-commission must report and seek guidance from the Prime Minister on matters related to the agenda of the meeting.

4. Having the authority to directly contact representatives of the foreign side through lawful means to exchange and resolve issues related to cooperation within the framework of the Joint Committee.

5. The Chairman of the Sub-commission has the authority to convene representatives of Ministries, sectors, and localities to meet and address related issues.

Article 15. Powers and Responsibilities of Vice Chairmen, Members, Secretaries of Sub-committees, and Supporting Units of Sub-committees

1. The Vice Chairman of the Sub-committee, members, Secretaries of the Sub-committee, and supporting units of the Sub-committee assist the Chairman of the Sub-committee in performing tasks as prescribed in Article 14; they have the right to contact representatives of foreign countries directly through lawful means to exchange and resolve issues related to cooperation within the framework of the Joint Committee.

2. Members of the Sub-committee are responsible for fully participating in activities of the Sub-committee, and are accountable to the Chairman of the Sub-committee for assigned tasks. Opinions contributed by members are considered the official opinions of their respective agencies or organizations.

3. Members of the Sub-committee are provided with all relevant information concerning the activities of the Sub-committee.

4. The supporting unit of the Sub-committee is responsible for managing documents and data of the Sub-committee, coordinating with the Secretary of the Sub-committee to help the Chairman of the Sub-committee grasp the situation and data, exchange with relevant agencies, seek guidance from superiors to promptly handle daily tasks of the Sub-committee.

5. The Secretary of the Sub-committee plays a role in organizing activities of the Joint Committee; has the right to invite experts from ministries, sectors, and localities to meet and prepare for sessions of the Joint Committee and Sub-committee meetings; coordinate with the supporting unit to provide information, data, and proposals at sessions; together with the supporting unit, exchange with the foreign partner side to urge and check the implementation of cooperative contents agreed upon in the minutes of the session. The Secretary of the Sub-committee is granted and may use diplomatic passports when dispatched abroad to participate in Joint Committee sessions and meetings related to work.

Article 16. Signed Documents

Signed documents with foreign parties within the framework of the Joint Committee shall be carried out in accordance with the provisions of the law. After the signed document becomes effective, the Sub-committee is responsible for coordinating and urging relevant agencies to organize its implementation and monitor the fulfillment of these commitments.

Article 17. Meeting System and Information Reporting

1. Sessions of the Joint Committee are organized regularly on a rotational basis according to agreement with the foreign side. Participants are convened by the Chairman of the Sub-committee, including members of the Sub-committee (Chairman, Vice Chairmen, Sub-committee members, Secretary of the Sub-committee), and the supporting unit; in cases where the session is held abroad, the head of the Vietnamese diplomatic mission in the host country is invited to attend; in cases where the session is held domestically, if necessary, the head of the Vietnamese diplomatic mission in the host country is invited to attend according to the decision of the Minister of Foreign Affairs.

2. Based on the nature, scope, and level of cooperation, the Chairman of the Sub-committee stipulates the regular meeting system of the Sub-committee and convenes extraordinary meetings.

3. The Vice Chairman of the Sub-committee or the Secretary of the Sub-committee may organize meetings of experts from ministries, sectors, and localities to prepare for sessions of the Joint Committee or Sub-committee meetings.

4. Ministries, sectors, and localities must report at least once every six months to the Sub-committee through the supporting unit of the Sub-committee and the Secretary of the Sub-committee on the situation of cooperation and the implementation of commitments with foreign countries within the framework of the Joint Committee.

5. The Sub-committee is responsible for reporting regularly every six months and on an ad hoc basis as required by the Prime Minister about its operational situation.

6. Ministries, sectors, localities, and businesses that have suggestions or proposals regarding cooperation with foreign countries within the scope of Clause 3, Article 4 must submit them to the Chairman of the Sub-committee (through the supporting unit of the Sub-committee and the Secretary of the Sub-committee) for handling or submission to the Prime Minister before working with the foreign party.

Article 18. Operating Expenses

The operating expenses of the Sub-sector shall be guaranteed from the state budget and allocated within the regular operating expenses of the agency assigned to head the Sub-sector. The expenses for officials dispatched to attend sessions shall be guaranteed by the dispatching agency and allocated within the regular operating expenses of the dispatching agency.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Transitional Provisions

The Chairpersons of the Sub-sectors, Ministers, within their respective duties and authorities, based on the provisions of this Decision, shall direct the review of the Sub-sectors to propose adjustments, improvements, or dissolution thereof; report to the Prime Minister before October 1, 2016.

Article 20. Implementation Provisions

1. This Decision takes effect from the date of issuance, replacing Decision No. 258/TTg dated April 29, 1995 of the Prime Minister regarding the organization and operation of the Vietnamese Sub-sector within the Intergovernmental Committee for Economic, Trade, Scientific and Technological Cooperation, and Cultural Relations with Foreign Countries.

2. The Chairpersons of the Sub-sectors, Ministers, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, members of the Sub-sectors, members of the Working Group, and related agencies and organizations shall be responsible for implementing this Decision.

3. The Minister, Head of the Government Office shall oversee and inspect the implementation of this Decision./.