Decision No. 34/2005/QĐ-BTS On Issuing the Regulation on Management of Foreign Activities in the Fisheries Sector

DECISION OF THE MINISTER OF AQUATIC RESOURCES

On Issuing the Regulation on Management of Foreign Activities in the Aquatic Resources Sector

MINISTER OF AQUATIC RESOURCES

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Aquatic Resources;

Pursuant to Decree No. 17/2001/NĐ-CP dated May 4, 2001 of the Government on the issuance of the Regulation on Management and Use of Official Development Assistance;

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

DECISION:

Article 1. The attached Decision issues the Regulation on Management of Foreign Activities in the Aquatic Resources Sector.

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette and replaces Decision No. 677/1999/QĐ-BTS dated October 1, 1999 of the Minister of Aquatic Resources on the issuance of the Interim Regulation on Management of Foreign Activities in the Aquatic Resources Sector.

Article 3. The Heads of the Office, Heads of Departments, Directorates, Inspectors General of the Ministry, subordinate units of the Ministry, organizations, trade unions, professional associations, Directors of Fisheries Departments, Departments of Agriculture and Rural Development responsible for state management of aquatic resources shall be responsible for implementing this Decision./.

REGULATIONS

Management of foreign activities in the Aquatic Resources Sector

(Issued together with Decision No. 34/2005/QĐ-BTS dated December 30, 2005

of the Minister of Aquatic Resources)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation prescribes the unified management of foreign activities in the Aquatic Resources Sector and applies to units under the Ministry of Aquatic Resources, organizations, trade unions, professional associations, Fisheries Departments, Departments of Agriculture and Rural Development responsible for state management of aquatic resources.

Article 2. Contents of foreign activities

Foreign activities of the Aquatic Resources Sector prescribed in this Regulation include the following contents:

1. Drafting plans for foreign affairs work.

2. Managing outbound delegations (referred to as outbound delegations) and inbound delegations (referred to as inbound delegations).

3. Signing and implementing international agreements and international treaties.

4. Organizing international conferences and seminars.

5. Managing projects of the Aquatic Resources Sector funded from abroad.

6. Managing organizations and individuals under the Ministry of Aquatic Resources participating in international organizations.

7. Providing information and documents to foreign partners.

8. Foreign affairs protection and publicity work.

9. Foreign affairs documentation work.

Article 3. Principles of foreign activities

1. Ensuring effective implementation of the Party's and State's foreign policy.

2. Clearly assigning responsibilities, emphasizing the initiative of units in carrying out foreign activities, ensuring strict supervision over foreign activities.

3. Ensuring that foreign activities are carried out according to annual and ad hoc programs approved by the Minister; strictly adhering to reporting regulations.

Chapter II

IMPLEMENTATION OF FOREIGN ACTIVITIES

Article 4. Drafting Plans for Foreign Affairs Work

1. Heads of units directly under the Ministry, organizations, trade unions, professional associations, and representatives appointed by the Minister to participate in international organizations must draft plans for foreign affairs work for the next year and submit them to the Department of International Cooperation before September 30 each year. The Department of International Cooperation is responsible for compiling and submitting these plans to the Minister for review and sending them to the Ministry of Foreign Affairs before November 5 for the Ministry of Foreign Affairs to compile and submit to the Prime Minister.

2. The Department of International Cooperation informs units of the plans for foreign affairs work approved by the Minister. Units, based on their functions, tasks, and actual conditions, organize the implementation of the plans approved by the Minister.

3. For foreign activities outside the annual plan already approved, heads of units must report to the Minister and can only proceed upon approval by the Minister.

4. Plans for foreign activities of organizations and individuals are prepared according to the model (Annex A).

Article 5. Organization and Management of Outbound Delegations

For outbound delegations, they must comply with Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on Exit and Entry of Vietnamese Citizens and the following provisions of the Ministry of Aquatic Resources:

1. Based on the program and plan for foreign activities of the aquatic resources sector approved by the Minister, the Department of International Cooperation is responsible for coordinating with relevant units to implement.

2. On the basis of proposals from unit heads and consultations with the Department of International Cooperation, the Department of Organization and Cadres nominates and compiles a list of personnel to be submitted to the Minister for approval and issuance of decisions to dispatch outbound delegations.

3. The delegation of authority to unit heads to decide on dispatching or allowing cadres, civil servants, employees to go abroad is implemented according to Decision No. 242/QĐ-BTS dated March 8, 2005 of the Minister of Aquatic Resources on the delegation of authority to decide on dispatching or allowing cadres, civil servants, employees to go abroad.

For Vietnam Fisheries Corporation, Ha Long Fisheries Corporation, and Dong Hai Fisheries Corporation, the dispatch of cadres and employees to go abroad is implemented according to Decisions No. 335/QĐ-BTS, 336/QĐ-BTS, and 337/QĐ-BTS dated May 8, 2000 of the Minister of Aquatic Resources on the delegation of authority to dispatch cadres and employees to go abroad to the corporations.

4. Cadres going abroad for work: study, observation, survey, conference, seminar... must prepare the content of the mission including purpose, tasks, schedule, location, budget, presentation, speech... to be reviewed by the unit head and reported to the Department of International Cooperation and the Department of Organization and Cadres.

5. During the period of study, observation, survey, conference, seminar abroad, cadres must adhere to the approved plan, program, time, location, and budget, have the responsibility to maintain national secrets, and comply with the laws of the host country. In case there are requests outside the approved plan and program, they must promptly report and seek instructions from the Minister or the Ambassador of Vietnam in the host country.

6. Upon completion of a mission, study, tour, or survey abroad, officers under the Ministry of Fisheries must return their passports to the Cadre Organization Department within no later than seven days after returning to the country; civil servants, officials, and employees dispatched abroad by unit heads must return their passports to their respective unit heads. The management of passports shall be carried out in accordance with Article 16 of Decree No. 05/2000/NĐ-CP dated March 3, 2000, issued by the Government.

7. The head of the delegation and individual (in cases of independent missions) must report to the Minister on the results of the mission and submit the report to the International Cooperation Department, the Cadre Organization Department, and the directly managing units.

The content of the report includes: itinerary of the trip specifying time, location, exchange content, full name and position of individuals, names of foreign organizations that the delegation worked with; evaluation of the trip's outcomes, recommendations and proposals accompanied by any agreements, memoranda, or contracts signed with foreign partners (if applicable); list of collected documents and issues arising during the trip.

Conference and seminar materials, as well as economic and scientific and technological documents collected by individuals on overseas missions, must be stored at the unit and simultaneously sent to the Information Center for preservation in the library as common industry documents.

For delegations negotiating fisheries cooperation with other countries, after each negotiation session, the head of the delegation must report to the Minister on the negotiation results.

Any individual or unit that fails to comply with the provisions of Clause 5 or Clause 6 of this Article will not have their subsequent overseas missions approved by the Ministry.

8. Based on the list of documents related to state secrets and industry secrets in aquaculture as stipulated, unit heads are responsible before the Minister for the use of documents taken abroad by officers from their units who were dispatched on overseas missions.

9. Party members among officers going on overseas missions, in addition to complying with the general regulations from Clause 1 to Clause 7 of this Article, also have the responsibility to implement Decision No. 17/QĐ-TW dated December 10, 1996, of the Politburo regarding the tasks of Party members when going abroad.

10. The overseas mission allowance system is implemented according to Circular No. 91/2005/TT-BTC dated October 18, 2005, issued by the Ministry of Finance.

Article 6. Management of delegations entering Vietnam

1. Invitations for foreign delegations to work with the Ministry of Fisheries and its affiliated units must be carried out according to the annual program or ad hoc programs approved by the Minister.

2. The International Cooperation Department is responsible for contacting and handling the procedures to invite foreign delegations to Vietnam and requesting the Ministry of Public Security to issue entry visas (visas) in accordance with current regulations.

3. The Ministry Office takes the lead and coordinates with the International Cooperation Department to be responsible for external reception services, serving delegations invited by the Minister such as organizing receptions, arranging transportation, accommodation, and working locations, hosting meals, gifts; seeing off guests and related reception activities.

Article 7. Receiving foreign guests by Ministry Leaders and Unit Heads

1. For foreign delegations requiring reception by Ministry Leaders, the International Cooperation Department must prepare a report to the Ministry Leaders detailing information about the partner, the purpose of the visit, and the goals to be achieved. Units requesting Ministry Leaders to receive foreign guests must report to the Ministry Leaders and coordinate with the International Cooperation Department to arrange the meeting.

In cases where foreign guests request urgent meetings with Ministry Leaders, the International Cooperation Department is responsible for recording the request, promptly reporting to seek instructions, and responding to the guest.

2. The Ministry Office and the International Cooperation Department, based on the approved schedule, coordinate with relevant units to organize meetings between Ministry Leaders and foreign guests.

The International Cooperation Department arranges interpreters and dispatches staff to record the meeting content. The Ministry Office assigns personnel to participate and prepare a summary of the meeting results (if necessary).

3. When foreign guests come to conduct transactions and discuss matters of administrative nature, the International Cooperation Department dispatches staff and invites representatives from relevant units to work together with the guests, fully record the content, report to the Minister, and inform at the weekly briefing of the Ministry Agency (if necessary).

4. When receiving foreign guests at the Ministry office according to a plan approved by the Minister, unit heads must notify the International Cooperation Department and the Ministry Office in advance to develop a schedule, arrange the venue, and dispatch staff to participate in the reception. Departments and Bureaus must send staff with authority and expertise to attend the reception upon designation by Ministry Leaders.

5. When receiving foreign guests at the unit headquarters, unit heads must proactively organize receptions and work with foreign guests according to the approved schedule and report the results of the meeting to the Minister, while sending the report to the International Cooperation Department.

6. During the reception or work with foreign guests, unit heads must assign someone knowledgeable about the topics to be discussed, fully record the time, participants, and discussion content. For important matters and those involving the responsibilities of multiple units outside the prepared content, the person receiving the guests may only record and respond after obtaining instructions from the Minister.

Article 8. Signing and implementing international agreements and treaties.

1. The International Cooperation Department leads the drafting of international agreements (with names such as Agreement, Memorandum, Exchange Protocol, Cooperation Plan, or other names), and submits them to the Minister for review and signature. In cases where another department drafts an international agreement at the Minister's request, these agreements must be submitted to the International Cooperation Department for review and submission to the Minister.

2. During the drafting of international agreements, opinions from relevant units should be solicited.

The document seeking opinions includes the following contents:

2.1. Requirements and purposes of signing the international agreement, basic content of the international agreement, draft of the international agreement in Vietnamese and the foreign language;

2.2. Assessment of the impact of the proposed international agreement on the operations of the fisheries sector.

3. Within five working days from the date of receipt of the document seeking comments, the units asked shall be responsible for replying in writing.

4. When authorized by the Minister, the Department of International Cooperation and the Heads of the units permitted may sign international agreements. The Heads of the Department of International Cooperation and the units shall report to the Minister on the results of signing along with a copy of the signed international agreement.

5. The Department of International Cooperation advises the Minister to direct the implementation of the contents of signed international agreements. After approval by the Minister, the Department of International Cooperation notifies the relevant units of the above contents for organization and implementation.

6. The Legal Department shall take the lead, coordinate with the Department of International Cooperation and related units to propose to the leadership of the Ministry regarding negotiations, signing, accession, ratification, amendment, supplementation of international treaties and organize the review and systematization of international treaties in the fisheries sector where Vietnam is a member.

The Department of International Cooperation is responsible for organizing the implementation of international treaties in the fisheries sector where Vietnam is a member.

7. Before February 15 each year, the Department of International Cooperation reports to the Minister on the results of implementing international agreements and treaties signed in the previous year and plans for international agreements to be signed in the current year.

Article 9. Organizing international conferences and seminars

1. The organization of international conferences and seminars shall be carried out in accordance with Decision No. 122/2001/QĐ-TTg dated August 21, 2001 of the Prime Minister on organizing and managing conferences and seminars in Vietnam.

2. At least thirty days before organizing an international conference or seminar, the unit hosting the conference or seminar must submit a written request to the Minister, specifying the purpose, content, time, location, participating organizations, participants, number of attendees, funding sources for the conference or seminar.

3. Within ten days from the date of receiving the request from the unit, the Department of International Cooperation shall notify the unit of the Minister's decision on organizing the conference or seminar.

4. Within one month after organizing an international conference or seminar, the host unit must submit a report on the results of the conference or seminar to the Ministry of Fisheries and the Ministry of Home Affairs.

5. The expenditure regime for organizing international conferences and seminars and entertaining foreign guests working in Vietnam (as stipulated in Article 6 of this Regulation) shall be implemented in accordance with Circular No. 100/200/TT-BTC dated October 16, 2000 of the Ministry of Finance.

Article 10. Management of fisheries projects funded from abroad

The management of fisheries projects funded from abroad shall be carried out in accordance with current regulations.

Article 11. Management of experts and officials of the Ministry of Fisheries working at overseas representative offices of the Ministry and affiliated units, and those participating in international organizations abroad

1. The Department of Organization and Cadres shall take the lead, coordinating with the Department of International Cooperation based on current State regulations to advise the Minister on establishing representative offices of the fisheries sector and organizations of the sector abroad or sending representatives to participate in international organizations.

2. The Heads of units shall be responsible to the Minister for the management of the activities of officials and experts under their jurisdiction when working abroad.

Experts and officials sent to participate in international organizations abroad shall be responsible for reporting periodically monthly, quarterly, semi-annually, and annually to the Department of International Cooperation, the Department of Organization and Cadres, and the Heads of units managing the experts and officials.

Article 12. Provision of materials, data, and specimens to foreign countries

1. When exchanging and providing data, specimens, and materials to foreign partners, the implementing units must seek permission according to current regulations, except for data and materials that have been publicly used through international conferences or published in mass media.

2. Comprehensive data and specialized data in each field of the sector required for diplomatic work shall be provided by the functional units of the Ministry according to the directives of the Minister.

Article 13. Diplomatic protection and information dissemination work

1. The Ministry Office shall be responsible for carrying out protection work when there are foreign guests visiting the Ministry.

2. When the Ministry of Fisheries organizes international conferences or seminars or has foreign delegations traveling to localities, the Ministry Office shall notify the local authorities to coordinate protective measures.

3. The Ministry Office shall be responsible for taking the lead, coordinating with related units to organize information dissemination and diplomatic publicity.

4. The Heads of units having their own foreign language websites shall be responsible for the information posted on their unit’s website.

Article 14. Foreign diplomatic documentation work

1. The Ministry Office shall undertake the task of transferring diplomatic correspondence, documents, telegrams, and letters to domestic or foreign addresses prepared by the Department of International Cooperation or other units after obtaining the agreement of the Department of International Cooperation.

2. When transferring foreign-language documents between the Ministry Office and units, the date, time, name, and signature of the recipient must be clearly recorded.

3. Official letters and notes in foreign languages signed by the Leadership of the Ministry must be drafted in Vietnamese by the Department of International Cooperation, submitted to the Leadership of the Ministry for approval before being translated into foreign languages and must be presented on a form with a title in a foreign language prescribed by the Ministry Office. In cases where other units draft official letters and notes at the request of the Leadership of the Ministry, these letters and notes must be submitted to the Department of International Cooperation for review and submission to the Leadership of the Ministry.

The original copies of these documents shall be sent by mail; when quick information is needed, they can be supplemented by fax.

International telephone contact work must go through registered machines.

4. When authorized by the Minister, the Heads of the Department of International Cooperation and the units permitted may sign foreign-language diplomatic documents.

5. When it is necessary to affix the seal of the Ministry on foreign-language documents or send documents abroad via fax, the Head of the Department of International Cooperation shall propose, and the Ministry Office shall examine and handle according to current regulations.

6. The heads of units are responsible for the use of their unit's seal when carrying out external activities of the unit.

Chapter III

IMPLEMENTATION

Article 15. Specific responsibilities of the units

1. The International Cooperation Department advises the Minister on the development and implementation of external activity programs and plans, and directly manages administrative procedures and the content of external activities of units, individuals, officers dispatched to international organizations, bilateral and multilateral external activities, delegations sent abroad by the Ministry, and delegations from foreign countries visiting the Ministry or units under the Ministry.

2. The Organization and Cadres Department advises the Minister on the nomination and management of personnel for those dispatched to participate in external activities such as attending meetings, tours, surveys, training, vocational training, conferences, seminars, serving as experts, working for international organizations, or being appointed by the Minister as permanent representatives at the Ministry’s representative offices, organizations, and enterprises under the Ministry located abroad.

3. The Ministry Office implements reception services for external activities based on approved programs; manages the storage of project files of the fisheries sector funded from abroad after the completion of projects, including project documents, financial reports, final project reports, and other relevant documents.

4. The Information Technology Center manages technical documents of projects in the fisheries sector funded from abroad after the completion of projects and the documents mentioned in Article 5 Clause 7 of this Regulation. These documents must be preserved in the Center's library as common reference materials for the sector. Annually, the Information Technology Center prepares a budget estimate for copying and sending documents collected by individuals and units to the Center.

5. The Planning and Finance Department is responsible for providing statistical data of the sector when the Minister and units assigned by the Minister provide data to work with foreign agencies or international organizations.

6. Departments, Bureaus, Inspectors, the Ministry Office, and units under the Ministry have the responsibility to proactively advise the Minister on external relations related to the functions and tasks of their units, and simultaneously implement and manage external activities of their units.

7. Provincial Fisheries Services, Provincial Agriculture and Rural Development Services managing state administration over fisheries when participating in external activities related to the Ministry of Fisheries' authority shall comply with the provisions of this Regulation and report the results of external activities to the Ministry of Fisheries.

8. Organizations, Trade Unions under the management of the Ministry of Fisheries are responsible for implementing Articles 4 to 13 of this Regulation.

9. Units regularly report to the Ministry of Fisheries (International Cooperation Department, Organization and Cadres Department) the results of external activities six months before July 15th and annually before January 31st of the following year, accompanied by a list of officers dispatched abroad (excluding ad hoc reports).

Article 16. Implementation Provisions

1. The Director of the International Cooperation Department is responsible for guiding, organizing, directing, inspecting the implementation of this Regulation and periodically reporting to the Minister.

2. Unit heads have the duty to disseminate, urge, inspect, and report on the implementation of this Regulation within their units; they are jointly liable if officers or civil servants in their units violate this Regulation.

Officers, civil servants, and experts in the fisheries sector are responsible for implementing this Regulation. Anyone who violates this Regulation will be dealt with according to the law depending on the nature and extent of the violation.

3. During the implementation of this Regulation, if there are difficulties or obstacles, unit heads should promptly reflect them to the International Cooperation Department for consolidation and reporting to the Minister of Fisheries for consideration and decision./.