Decree No. 65/2021/ND-CP on management and use of state budget funds to ensure international treaty work and international agreement work

DECREE

On managing and using state budget funds to ensure international treaty work and international agreement work

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;  November 22, 2019; November 22, 2019;

Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:international treaty on April 9, 2016;

Pursuant to the International Agreement Law dated November 13, 2020;

Pursuant to the Law N |||state budget on June 25, 2015;

At the proposal of the Minister of Foreign Affairs;

The Government issues this Decree on managing and using state budget funds to ensure international treaty work and international agreement work.n lThis Decree stipulates the management and use of state budget funds to ensure international treaty work according to the provisions of the Law on International Treaties and international agreement work according to the provisions of the Law on International Agreements. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to agencies, organizations, and individuals participating in the process of concluding and implementing international treaties and international agreements as provided for in the Law on International Treaties and the Law on International Agreements.

Article 2. Applicability

2. The allocation of funds for international treaty work and international agreement work by agencies must be based on the foreign policy guidelines of the Party and the State aimed at implementing international cooperation within their functions, tasks, and authorities assigned.

Article 3. Principles for managing and using funds to ensure international treaty work and international agreement work

1. Funds for international treaty work and international agreement work are ensured from state budget sources and other sources as prescribed by law.

3. State budget funds allocated in the regular expenditure budget of agencies performing international treaty work and international agreement work according to the current budget classification prescribed in the Law on State Budget and detailed regulations guiding its implementation; specifically, funds for the task of inspecting and reviewing international treaties are special expenses with distinct characteristics.

4. The preparation, management, use, and settlement of accounts for state budget funds ensuring international treaty work and international agreement work shall be carried out in accordance with the provisions of the Law on State Budget and detailed regulations guiding its implementation.

5. In cases where international treaty work and international agreement work are funded from official development assistance, non-refundable aid not included in official development assistance, funding from foreign non-governmental organizations, and other organizations and individuals both inside and outside the country, the receipt, management, and use of such funding shall be implemented in accordance with the laws governing the management and use of such funding.

a) Funds for international treaty work and international agreement work of central government agencies; general administrations, departments under ministries, and agencies equivalent to ministries; units within the People's Army and the People's Public Security;

Article 4. Sources of the State budget to ensure international treaty work and international agreement work

1. The central budget ensures international treaty work and international agreement work including:

2. Local budgets ensure international agreement work of provincial-level state agencies, specialized agencies under provincial People's Committees; district People's Committees; village People's Committees in border areas to implement international cooperation within their functions, tasks, and authorities.

CONTENTS OF EXPENSES FOR INTERNATIONAL TREATY WORK

Chapter II

AND INTERNATIONAL AGREEMENT WORK

1. Expenses for researching and proposing negotiations, signing, ratifying, approving, joining, amending, supplementing, extending, terminating, renouncing, withdrawing from, temporarily suspending the implementation of international treaties, and reservations to international treaties include:

Article 5. Contents of expenses for international treaty work

c) Surveying domestic and international realities; assessing political, defense, security, economic-social impacts, and other impacts of international treaties; reviewing and comparing international treaties with domestic laws and related international treaties to which Vietnam is a party;

a) Purchasing and collecting materials directly related to international treaties;

b) Organizing meetings, conferences, specialized seminars, soliciting expert opinions;

d) Researching and drafting negotiation plans; preparing negotiation proposal files, signing, ratifying, approving, joining, withdrawing reservations, opposing reservations, accepting or opposing reservations of foreign signatories, amending, supplementing, extending, terminating, renouncing, withdrawing from, temporarily suspending the implementation of international treaties;

d) Drafting international treaties, draft amendments and supplements to international treaties;

2. Expenses for providing comments and proposals on negotiations, signing, ratifying, approving, joining, amending, supplementing, extending, terminating, renouncing, withdrawing from, temporarily suspending the implementation of international treaties, and reservations to international treaties include:

e) Drafting declarations and reservations upon accession to multilateral international treaties;

g) Organizing translation of international treaties and related documents.

5. Expenses for the review by the National Assembly's Foreign Affairs Committee, the President's Office, and the Government Office of negotiation proposal files, signing, ratifying, approving, joining, amending, supplementing, extending, terminating, renouncing, withdrawing from, temporarily suspending the implementation of international treaties, and reservations to international treaties include:

a) Purchasing and collecting materials directly related to international treaties;

b) Reviewing the degree of conformity of international treaties with Vietnamese laws and related international treaties;

c) Studying experiences and laws domestically and internationally related;

d) Organizing meetings, soliciting expert opinions;

đ) Translating related documents;

e) Preparing comment documents.

3. Expenses for organizing negotiations and signing international treaties include:

a) Organizing reception of foreign negotiation delegations;

b) Organizing negotiations and signing international treaties domestically or abroad;

c) Organizing preparatory meetings for negotiations, drafting negotiation minutes;

d) Organizing review of signed international treaty texts during high-level visits to Vietnam or visits of Vietnamese high-level delegations abroad;

đ) Translating related documents.

4. Expenses for the Ministry of Foreign Affairs' inspection and the Ministry of Justice's examination of proposals for signing and accession to international treaties include:

a) Purchasing and collecting materials directly related to international treaties;

b) Independent assessment reports on the conformity of international treaties with Vietnamese laws and compatibility with related international treaties, prepared by authorized agencies;

c) Preparing inspection and examination reports;

d) Translating related documents;

đ) Organizing meetings, soliciting expert opinions;

e) Establishing Inspection Councils and Examination Councils as provided for in Clause 3 of Article 18 and Clause 3 of Article 20 of the Law on International Treaties.

b) Storing international treaties; negotiation decision documents, signing international treaties; external notification documents, approval, ratification, accession documents of international treaties; negotiation authorization letters, signing international treaties; delegation authorization letters for attending international conferences, and other related documents;

a) Purchasing and collecting materials directly related to international treaties;

b) Organizing meetings to solicit opinions;

c) Establishing Scrutiny Councils in cases where international treaties have important and complex contents;

d) Compiling scrutiny reports.

6. Expenses for archiving, storing, copying, and publishing international treaties include:

a) Archiving multilateral international treaties;

g) Implementing central agency tasks under international treaties, follow-up agencies for implementing international treaties as assigned by the Government;

c) Copying international treaties;

d) Publishing international treaties on the electronic portal of the proposing agency and the Ministry of Foreign Affairs;

đ) Issuing copies of international treaties;

e) Building and operating a database on international treaties of Vietnam located at the Ministry of Foreign Affairs.

7. Expenses for organizing the implementation of international treaties include:

a) Purchasing and collecting materials directly serving the implementation of international treaties;

b) Drafting implementation plans and projects for international treaties;

c) Promoting and disseminating international treaties;

d) Translating materials directly serving the implementation of international treaties;

đ) Financial contributions or annual payments to international organizations established according to international treaties to which Vietnam is a member;

e) Organizing dialogues and conferences in Vietnam or attending conferences abroad on the implementation of international treaties;

h) Drafting, translating national reports on the implementation of multilateral international treaties according to the provisions of international treaties or at the request of competent authorities; organizing meetings, seminars, expert consultations on national reports, cross-evaluation plans of other countries' national reports according to international treaty provisions; organizing working delegations to present and defend national reports, cross-evaluate other countries' national reports according to international treaty provisions; drafting thematic reports and organizing the implementation of recommendations from international organizations and competent authorities regarding the enforcement of international treaties.

h) Establishing, translating the national report on the implementation of multilateral treaties in accordance with the provisions of the treaty or at the request of the competent authority; organizing meetings, conferences, seminars, soliciting expert opinions on the national report, cross-evaluation plans for other countries' national reports as stipulated by the treaty; organizing working delegations to present and defend the national report, cross-evaluate other countries' national reports as stipulated by the treaty; drafting specialized reports and implementing plans to carry out recommendations from international organizations and competent authorities regarding the enforcement of treaties.

8. Expenses for inspecting, supervising, and summarizing the situation of signing and implementing international treaties, including:

a) Prepare reports as required by competent supervisory authorities;

b) Organize inspections and supervision of activities related to signing and implementing international treaties;

c) Compile reports and organize meetings to evaluate inspection and supervision reports, summarizing the situation of signing and implementing international treaties;

9. Expenses for providing legal opinions on international treaties, loan agreements, and government guarantee agreements, including:

a) Purchase and collect directly relevant materials;

b) Translate relevant materials to support the provision of legal opinions;

c) Draft legal opinion proposals;

d) Organize meetings to seek opinions on relevant contents to support the provision of legal opinions;

10. Expenses for statistical work and reviews of international treaties, including:

a) Purchase and collect directly relevant materials;

b) Translate relevant materials to support statistical and review work;

c) Organize working groups to review the list, original copies, and validity of signed international treaties;

11. Other necessary expenses directly serving international treaty work.

Article 6. Contents of expenses for international agreement work

1. Expenses for drafting proposals, plans on negotiating, signing, amending, supplementing, extending, terminating the effect, withdrawing from, or temporarily suspending the implementation of international agreements, including:

a) Purchase and collect directly relevant materials related to international agreements;

b) Organizing meetings to solicit opinions;

c) Drafting international agreement proposals, proposals to amend and supplement international agreements;

d) Draft proposal files for signing, amending, supplementing, extending, terminating effect, withdrawing, and temporarily suspending the implementation of international agreements;

đ) Organize translation of international agreements and related materials;

2. Expenses for contributing opinions and suggestions on negotiating, signing, amending, supplementing, extending, terminating the effect, withdrawing from, or temporarily suspending the implementation of international agreements, including:

a) Purchase and collect directly relevant materials related to international agreements;

b) Review and assess the compliance of international agreements with Vietnamese laws and related international treaties;

c) Organize meetings to seek opinions;

d) Translating related documents;

đ) Draft comment documents;

3. Expenses for organizing negotiations and signing international agreements, including:

a) Organizing reception of foreign negotiation delegations;

b) Organize negotiations and signing of international agreements within the country or abroad;

c) Organize reviews and comparisons of international agreement texts signed during high-level visits to Vietnam or during high-level visits abroad;

d) Translate related materials;

4. Expenses for organizing the implementation of international agreements, including:

a) Archive, copy, publish, publicize, and disseminate international agreements, publish international agreements through posting on the electronic portal;

b) Financial contributions according to international agreements;

c) Organize meetings within the country or abroad on the implementation of international agreements;

d) Drafting the Implementation Plan for international agreements.

5. Expenses for inspecting, supervising, and summarizing the situation of signing and implementing international agreements, including:

a) Prepare reports as required by competent supervisory authorities;

b) Organize inspections and supervision of signing and implementing international agreements;

c) Draft reports and organize meetings to evaluate inspection and supervision reports, summarizing the situation of signing and implementing international agreements;

6. Expenses for statistical work and reviews of international agreements, including:

a) Purchase and collect directly relevant materials;

b) Translate relevant materials to support statistical and review work;

c) Build and update data on international agreements;

d) Organize working groups to review the list, original copies, and validity of signed international agreements;

7. Other necessary expenses directly serving international agreement work;

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Decree takes effect from July 1, 2021;

2. The Decree No. 74/2016/NĐ-CP dated July 1, 2016 of the Government on managing and using state budget funds to ensure international treaty work and international agreement work ceases to be effective from the date this Decree takes effect.

Article 8. Implementation organization

1. The Minister of Finance shall be responsible for guiding the implementation of this Decree;

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, other central agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.