Decree No. 74/2016/ND-CP on management and use of state budget funds to ensure international treaty work and international agreement work

DECREE

ON THE MANAGEMENT AND USE OF STATE BUDGET FUNDS TO ENSURE INTERNATIONAL AGREEMENTS WORK AND INTERNATIONAL CONVENTION WORK

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Treaties dated April 9, 2016;

Pursuant to the Law on State Budget Management dated December 16, 2002;

Pursuant to the Ordinance on Signing and Implementing International Agreements dated April 20, 2007; and implementing international agreements;

At the proposal of the Minister of Foreign Affairs;

The Government issues this Decree on the management and use of state budget funds to ensure international agreements work and international convention work carried out in the name of the State or the Government in accordance with the Law on International Treaties 2016 (hereinafter referred to collectively as international treaties work) and signing and implementing international agreements in the name of central agencies, provincial agencies, and central agencies of organizations in accordance with the Ordinance on Signing and Implementing International Agreements 2007 (hereinafter referred to collectively as international agreements work).This 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 signing and implementing international treaties and international agreements as stipulated in the Law on International Treaties 2016 and the Ordinance on Signing and Implementing International Agreements 2007.

Article 2. Applicability

1. Funds for international treaties work and international agreements work are guaranteed from the state budget in accordance with the provisions of the State Budget Law and detailed regulations guiding its implementation.

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

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

3. The funds guaranteeing international treaties work and international agreements work belong to which level of budget shall be guaranteed by that level of budget and allocated in the regular expenditure budget of agencies carrying out international treaties work and international agreements work.

4. The preparation of budgets, management, use, and settlement of accounts of state budget funds to ensure international treaties work and international agreements work shall be carried out in accordance with the State Budget Law and detailed regulations guiding its implementation.

5. In cases where international treaties work and international agreements work are funded from official development assistance (ODA), funding from foreign non-governmental organizations, and other domestic and foreign organizations and individuals, the receipt, management, and use of such funding shall be carried out in accordance with the laws governing the management and use of such sources of funding.

b) Funds allocated to provincial agencies to carry out international cooperation activities within the framework of international treaties or to implement international agreement activities as assigned by the State, the Government, and the Prime Minister.

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:

a) Funding for international treaty work and international agreement work of central state agencies;

2. The provincial budget guarantees funds for international agreements work of provincial agencies to carry out international cooperation within the scope of their functions, tasks, and authorities.

3. Funds for international treaties work and international agreements work of central agencies of organizations are guaranteed from the state budget when these agencies carry out international cooperation within the framework of international treaties or as assigned by the State, the Government, and the Prime Minister. In cases where international agreements of central agencies of organizations aim at other forms of international cooperation, the funds for signing and implementing such international agreements are guaranteed from the financial resources of the central agency of the organization.

1. Expenditure for research and proposals for negotiations, signing, approval, ratification, accession, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, suspension of implementation of international treaties includes:

Chapter II

CONTENTS OF EXPENSES FOR INTERNATIONAL TREATY WORK AND INTERNATIONAL AGREEMENT WORK

Article 5. Contents of expenses for international treaty work

c) Surveying domestic and international practices; 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 files for negotiation, signing, approval, ratification, accession, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, suspension of implementation of international treaties;

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

2. Expenditure for comments and proposals for negotiations, signing, approval, ratification, accession, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, suspension of implementation of international treaties includes:

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

g) Organizing translation of international treaties and related documents.

d) Organizing meetings to gather opinions;

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;

e) Preparing comment reports.

đ) Translating related documents;

d) Organizing meetings to gather opinions;

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;

e) Establishing review boards and appraisal boards as prescribed in Clause 3 of Article 18 and Clause 3 of Article 20 of the Law on International Treaties.

5. Expenditure for the scrutiny of the National Assembly's Foreign Affairs Committee, the Office of the President, and the Office of the Government regarding proposals for negotiations, signing, approval, ratification, accession, amendment, supplementation, extension, termination of effect, renunciation, withdrawal, suspension of implementation of international treaties includes:

b) Storing international treaties; documents deciding to negotiate and sign international treaties; external communication documents, approval, ratification, accession documents of international treaties; authorization letters for negotiating and signing international treaties; 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 the tasks of central agencies under international treaties, focal agencies monitoring the implementation of international treaties as assigned by the Government and the Prime Minister;

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 and translating national reports on the implementation of multilateral international treaties as required by the treaties; organizing working delegations to present and defend national reports, cross-assessing national reports of other countries as required by the treaties.

a) Organizing inspections and supervision of treaty signing and implementation activities;

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

b) Compiling reports, organizing meetings to evaluate inspection and supervision reports, summarizing the situation of treaty signing and implementation.

10. Other necessary expenses directly serving international treaties work.

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;

1. Expenditure for drafting projects and plans on negotiations, signing, amendment, supplementation, extension, termination of effect, suspension of implementation of international agreements includes:

Article 6. Contents of expenses for international agreement work

c) Organizing the translation of international agreements and related documents.

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

b) Organizing meetings to solicit opinions;

c) Organize the translation of international agreements and related documents.

2. Expenses for soliciting opinions, proposing negotiations, signing, amending, supplementing, extending, terminating the effect, 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) Preparing opinion solicitation reports.

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

a) Organizing reception of foreign negotiation delegations;

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

c) Organizing reviews and comparisons of international agreement texts signed during high-level foreign delegations' visits to Vietnam or during high-level Vietnamese delegations' visits abroad.

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

a) Storing, copying, publishing, promoting, and disseminating international agreements;

b) Financial contributions according to international agreements;

c) Organizing meetings within the country or abroad regarding the implementation of international agreements.

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

a) Organizing inspections and supervision of the signing and implementation of international agreements;

b) Preparing reports and organizing evaluation meetings on inspection and supervision reports, summarizing the situation of signing and implementing international agreements.

6. Other necessary expenses directly serving international agreement work.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Decree takes effect from July 1, 2016, and replaces Government Decree No. 26/2008/NĐ-CP dated March 5, 2008, on the management and use of state budget funds to ensure treaty and international agreement work.

Article 8. Implementation organization

1. The Minister of Finance shall be responsible for detailing and 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-administered cities shall be responsible for enforcing this Decree./.