Decision No. 51/2009/QĐ-TTg stipulates the functions, tasks, powers, and organizational structure of the Permanent Mission of the Socialist Republic of Vietnam to the United Nations, the World Trade Organization, and other international organizations in Geneva.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Permanent Mission of the Socialist Republic of Vietnam to the United Nations, the World Trade Organization, and other international organizations in Geneva

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PRIME MINISTER

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

Pursuant to the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad dated December 2, 1993;

Pursuant to the Government Decree No. 183-CP dated November 18, 1994 detailing the implementation of the Ordinance on Agencies Representing the Socialist Republic of Vietnam Abroad;

Based on Decree No. 15/2008/NĐ-CP dated February 4, 2008, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Considering the proposal of the Minister of Foreign Affairs,

DECISION:

Article 1. Position and Functions

1. The Permanent Mission of the Socialist Republic of Vietnam to the United Nations, the World Trade Organization (WTO), and other international organizations in Geneva, Switzerland (hereinafter referred to as the Mission) is the official representative body of the Socialist Republic of Vietnam in relations with the United Nations, WTO, and other international organizations in Geneva, in accordance with relevant international treaties to which Vietnam is a party.

2. The English name for the Mission is Permanent Mission of the Socialist Republic of Viet Nam to the United Nations, the World Trade Organization and other International Organizations at Geneva (referred to as Vietnam Mission to the UN and the WTO at Geneva).

3. The Mission has its own headquarters in Geneva; it maintains accounts and seals bearing the National Emblem. The Mission operates based on a common budget provided from the state budget in accordance with the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To represent the Socialist Republic of Vietnam beside the United Nations, WTO, and other international organizations in Geneva.

2. To protect the rights and interests of the Socialist Republic of Vietnam at the United Nations, WTO, and other international organizations in Geneva.

3. To promote cooperative relations between the Socialist Republic of Vietnam and the United Nations, WTO, and other international organizations in Geneva, as well as with member states of these international organizations; to seek assistance and technical cooperation from international organizations for the country's development.

4. To perform consular tasks aimed at protecting the rights and interests of the State, legal entities, and citizens of Vietnam in accordance with Vietnamese and host country laws.

5. To participate in signing and joining international treaties in accordance with the law.

6. To manage state activities of the Socialist Republic of Vietnam beside the United Nations, WTO, and other international organizations in Geneva.

7. To organize the implementation of administrative reform programs, plans, and guidelines issued by the Government, Prime Minister, and Minister of Foreign Affairs; to handle complaints, accusations, anti-corruption measures, and cost-saving practices in accordance with the law.

8. To implement state regulations and those of the Ministry of Foreign Affairs regarding administrative work, accounting, finance, documentation, archives, state secrets protection, security assurance, and labor discipline.

9. To manage, use, and protect the assets and material infrastructure of the Mission and to utilize the state budget funds economically and effectively in accordance with the law.

10. To perform other tasks and powers as directed, assigned, or delegated by the President, Prime Minister, Minister of Foreign Affairs, and in accordance with the law; to implement directives of the Minister of Industry and Trade concerning WTO-related tasks.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. The United Nations and Other International Organizations Department, abbreviated as the UN Department, with the English name United Nations and International Organizations Affairs Office (abbreviated as UN Affairs Office).

The UN Department is responsible for handling issues related to the activities of the Socialist Republic of Vietnam at United Nations organizations located in Geneva, including the Human Rights Council, Disarmament Conference, and other economic and political foreign affairs, multilateral cooperation, and specialized issues as assigned by the Ambassador, Head of Mission, in accordance with current regulations.

2. The WTO and Multilateral Trade Cooperation Department, abbreviated as the WTO Department, with the English name WTO and Multilateral Trade Affairs Office (abbreviated as WTO Affairs Office).

The WTO Department is responsible for handling issues related to Vietnam's participation in the WTO and multilateral economic-trade cooperation, as well as other tasks as assigned by the Ambassador, Head of Mission.

The WTO Department serves as the point of contact and handles documents related to WTO and other multilateral economic-trade issues as assigned by the Ambassador, Head of Mission, ensuring compliance with administrative and archival regulations; it may use the Mission's seal for transactional documents related to the WTO and multilateral economic-trade issues and has the duty to report to the Ambassador, Head of Mission when required.

3. The Mission Office, with the English name The Chancery; responsible for administrative, documentation, management, financial, community, consular, reception, and other internal and external specialized tasks as assigned by the Ambassador, Head of Mission.

4. The staffing of officials, civil servants, and employees of the Mission is determined by the Minister of Foreign Affairs upon approval by the Prime Minister.

The staffing of the WTO Department is proposed by the Ministry of Industry and Trade and agreed upon with the Ministry of Foreign Affairs, submitted to the Prime Minister for approval within the overall staffing of the Mission, including civil servants from relevant ministries and agencies as prescribed by the Prime Minister.

Depending on the nature of the work at different times and when necessary, the Ambassador, Head of Mission, will propose to the Minister of Foreign Affairs to lead and coordinate with relevant agencies to submit to the Prime Minister for a decision to adjust staffing appropriately.

Article 4. Leadership of the Delegation

1. The Ambassador, Head of Delegation is the highest representative of the Socialist Republic of Vietnam in relations with the United Nations, WTO, and other international organizations in Geneva. The Delegation operates under a chief executive system based on the principles of centralization and democracy.

2. The Ambassador, Head of Delegation is appointed by the President of the State, serves as the head, directly directs, manages, and oversees all activities of the Delegation comprehensively; is nominated and recalled according to the provisions of the law. The Ambassador, Head of Delegation is an overseas member of the National Committee for International Economic Cooperation.

3. Deputy Heads of Delegation are appointed to diplomatic positions suitable to their responsibilities by the Minister of Foreign Affairs in accordance with the law and are responsible for assisting the Ambassador, Head of Delegation in directing professional matters and administratively managing units subordinate to those mentioned in Points 1, 2, and 3 of Article 3 of this Decision and other tasks assigned by the Ambassador, Head of Delegation. The Deputy Head of Delegation in charge of the WTO Office is appointed based on the proposal of the Minister of Industry and Trade.

4. In case the Ambassador, Head of Delegation is absent, temporarily away, or unable to perform their duties due to other reasons, the next-ranking diplomat from the Ministry of Foreign Affairs of the Delegation shall be temporarily appointed as Acting Head of Delegation to carry out the duties and powers of the Ambassador, Head of Delegation.

Article 5. Duties and Powers of the Ambassador, Head of Delegation; Deputy Heads of Delegation and Members

1. The Ambassador, Head of Delegation has the following duties and powers:

a) Directing and organizing the representation activities of the Socialist Republic of Vietnam at the United Nations, WTO, and other international organizations in Geneva in accordance with agreements between the Socialist Republic of Vietnam and these organizations, in line with the foreign policy and strategy of the State in relation to relevant international organizations;

b) Managing and organizing the work of the Delegation and being responsible for its various aspects; issuing regulations on working procedures and coordination of work and internal regulations to ensure the effective operation of the Delegation in accordance with the law;

c) Directing the program and plan of work of the Delegation; coordinating with relevant ministries and sectors to direct the professional activities of related business units;

d) Directing staff members of the Delegation to strictly implement the foreign policy and strategy of the State and managing labor discipline among staff members of the Delegation to create favorable conditions for them to fulfill their assigned tasks in accordance with professional guidance from the competent authority, Government Negotiation Team, and relevant agencies;

đ) Managing material resources and the entire budget related to maintaining the operation of the Delegation and other budgets as prescribed by law;

e) Timely reporting to the President of the State, the Government, the Prime Minister, the Minister of Foreign Affairs, and relevant domestic agencies on strategic policies of the United Nations, WTO, and other international organizations in Geneva that affect Vietnam's security, defense, economy, trade, and other issues;

g) Regularly or urgently reporting to the Minister of Foreign Affairs on the organizational structure and activities of the Delegation; proposing to the Prime Minister, the Minister of Foreign Affairs, and relevant domestic agencies on directions for activities and improvements in organizational structure, staffing, and policies for personnel working at the Delegation.

2. Deputy Heads of Delegation have the following duties and powers:

a) Implementing and being responsible for the tasks assigned by the Ambassador, Head of Delegation;

b) Organizing and managing the activities of the unit assigned and responsible for, and being accountable to the Ambassador, Head of Delegation;

c) Regularly reporting to the Ambassador, Head of Delegation on the implementation of the assigned tasks;

d) The Deputy Head of Delegation in charge of the WTO Office, concurrently serving as the Deputy Permanent Representative of the Socialist Republic of Vietnam to the WTO, is responsible for directing, organizing, and managing the activities of the Office in accordance with the general direction of the Ambassador; is responsible for reporting to the Ambassador, Head of Delegation on the regular work of the Office.

The Deputy Head of Delegation in charge of the WTO Office, authorized by the Ambassador, Head of Delegation, is permitted to sign and send directly to the Minister of Industry and Trade and the Head of the Government Negotiation Team on economic and trade matters related to the WTO; report to the Ambassador, Head of Delegation and be responsible for the content of transaction documents in accordance with current regulations.

The Deputy Head of Delegation in charge of the WTO Office is responsible for preparing the annual budget for activities related to the WTO, submitting it to the Ambassador, Head of Delegation for approval to be included in the overall budget of the Delegation and is responsible for organizing the use of the approved budget in accordance with the law. In cases requiring adjustments, the Deputy Head of Delegation in charge of the WTO Office reports to the Ambassador, Head of Delegation for decision.

3. Members of the Delegation have the following duties and powers:

a) Fully implementing and being responsible for the tasks assigned by the Ambassador, Head of Delegation;

b) Actively contributing to strengthening cooperation relations between the Socialist Republic of Vietnam and the organizations of the United Nations, WTO, and other international organizations in Geneva;

c) Adhering to the laws of the Socialist Republic of Vietnam, the Charter, and the rules of procedure of the United Nations, WTO, and other international organizations in Geneva; respecting and implementing international law and local law.

Article 6. Awards and Disciplinary Measures

1. Forms and systems of awards shall be applied in accordance with the current regulations of the State and the Ministry of Foreign Affairs.

2. Acts violating the laws of the Socialist Republic of Vietnam and Switzerland; the Charter and Regulations of the United Nations Organization, WTO, and other international organizations in Geneva, and the provisions of this Decision, depending on the degree of violation, may be subject to disciplinary measures, administrative penalties, or criminal prosecution according to the law.

3. The Minister of Foreign Affairs shall take the lead and coordinate with the Minister of Industry and Trade and other Ministers and Heads of competent agencies within the country to decide on disciplinary forms for officials and staff working at the Mission based on the proposal of the Ambassador or the Head of the Mission.

4. The Ambassador or the Head of the Mission has the authority to decide to repatriate members of the Mission in cases where there are violations of the provisions set forth in this Article, causing serious consequences, and promptly report to the Minister of Foreign Affairs and the Heads of competent agencies within the country for consideration and resolution. In cases where the violator is the Ambassador or the Head of the Mission, the Minister of Foreign Affairs has the authority to decide on repatriation, and such decision must be immediately reported to the President of the State and the Prime Minister.

Article 7. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from June 1, 2009, and abolishes previous regulations that conflict with this Decision.

2. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Heads of the Permanent Missions of the Socialist Republic of Vietnam to the United Nations, WTO, and other international organizations in Geneva, and related agencies and organizations are responsible for implementing this Decision./.