Decree No. 81/2022/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs.

DECREE

PROVISIONS ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, duties, powers and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 amending and supplementing certain articles of Decree No.123/2016/ND-CPdated September 1, 2016 of the Government stipulating the functions, duties, powers and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates this Decree stipulating the functions, duties, powers and organizational structure of the Ministry of Foreign Affairs.

Article 1. Position and Functions

The Ministry of Foreign Affairs is an agency of the Government responsible for state management in foreign affairs, including: Diplomatic work, border issues, national territory, work with overseas Vietnamese communities, international treaties, international agreements, management of Vietnamese representative offices abroad (hereinafter referred to collectively as Vietnamese representative offices abroad) and activities of foreign representative offices in Vietnam; state management of public services in areas under the jurisdiction of the Ministry of Foreign Affairs as prescribed by 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;

The Ministry of Foreign Affairs performs tasks and exercises powers as prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, duties, powers and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/ND-CP dated August 28, 2020 amending and supplementing certain articles of Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program of the Government and other resolutions, projects, programs assigned by the Government and the Prime Minister.

2. Submit to the Government and the Prime Minister strategies, plans, long-term, medium-term, and annual development plans, and important projects, works, and national target programs in fields under the jurisdiction of the Ministry of Foreign Affairs.

3. Submitting draft decisions, directives, and other documents concerning sectors and fields under the Ministry of Foreign Affairs' jurisdiction or as assigned by the Government and Prime Minister to the Prime Minister.

4. Issuing circulars and other documents on state management over sectors and fields under the Ministry of Foreign Affairs' jurisdiction.

5. Direct, guide, inspect, and organize the implementation of legal normative documents, strategies, plans, national target programs under the jurisdiction of the Ministry of Foreign Affairs after approval; organize information dissemination, legal education, and monitoring of law enforcement in sectors and fields under the jurisdiction of the Ministry of Foreign Affairs.

6. Regarding unified management of foreign affairs activities as prescribed by law:

a) Take the lead in compiling and drafting annual and term plans for foreign affairs activities of Party and State leaders; organize the implementation of foreign affairs activities of Party and State leaders according to regulations and delegated management levels;

b) Take the lead and coordinate in formulating policies on elections at international organizations and multilateral mechanisms; organizing significant international events of political, diplomatic importance, and establishing representative offices of international organizations in Vietnam as prescribed by law, and report to competent authorities for approval;

c) Compile plans, urge foreign affairs activities of ministries, ministerial-level agencies, related agencies, and localities; guide the organization of implementation and require regular and ad hoc reports from ministries, ministerial-level agencies, related agencies, and localities on the implementation of foreign affairs activities;

d) Developing plans and organizing training, capacity building, and guidance on foreign affairs and international integration as prescribed by law;

d) Advise, standardize, and unify the management of the use of common foreign languages in high-level political and diplomatic activities of the Party and State.

7. Manage international conferences and seminars in Vietnam under the jurisdiction of the Ministry of Foreign Affairs as prescribed by law; report annually to the Prime Minister on the situation of organizing international conferences and seminars in Vietnam.

8. Take the lead and coordinate in researching, compiling, and proposing issues related to the protection of state sovereignty and interests, and legitimate rights and interests of Vietnamese organizations and citizens abroad as prescribed by Vietnamese law, international law, and as assigned by the Prime Minister.

9. Regarding research and strategic advisory work:

a) Provide timely information and advice to the Government and the Prime Minister on issues related to the world situation and Vietnam's international relations;

b) Take the lead in researching, compiling, and proposing strategic and predictive issues related to the world situation, international relations, international law, political, economic, cultural relations of Vietnam, and other fields under the jurisdiction of the Ministry of Foreign Affairs;

c) Take the lead in preparing and drafting reports of the Government at National Assembly sessions on the international situation and foreign relations of the Party and State.

10. Regarding representation in state foreign affairs activities:

a) Represent the State in diplomatic relations with countries and intergovernmental international organizations; conduct state foreign affairs activities as prescribed by law;

b) Submit to the Government proposals for establishing, changing the level, or suspending diplomatic and consular relations with countries and intergovernmental international organizations; proposals for establishing, temporarily suspending, or terminating operations of Vietnamese representative offices abroad as prescribed by law;

c) Recommend the Prime Minister to submit to the Standing Committee of the National Assembly for approval of nominations for appointment or dismissal of special envoys; recommend the Prime Minister to submit to the President for decision on dispatching or recalling special envoys and representatives of the President at international organizations;

d) Appoint and recall permanent representatives of Vietnam at international organizations, except as provided in point c of this clause; heads of Vietnamese consular offices abroad; decide on appointments and dismissals of honorary consuls abroad.

11. Regarding state protocol work:

a) Implement state management over diplomatic ceremonies and diplomatic privileges and immunities in accordance with the law; guide and manage the implementation of diplomatic privileges and immunities and diplomatic etiquette for foreign representative agencies in Vietnam and Vietnamese representative agencies abroad in compliance with Vietnamese law, international law, and international practice;

b) Implement the approval of diplomatic representatives of countries and international organizations in Vietnam and Vietnamese diplomatic representatives abroad;

c) Prepare and serve state-level delegations visiting other countries or attending international conferences; organize receptions for high-level delegations from other countries and international organizations visiting Vietnam as prescribed by law;

d) Issue identification cards to members of foreign diplomatic missions, consular offices, honorary consuls, and their family members, as well as representatives of international organizations in Vietnam, in accordance with the law;

12. Regarding economic diplomacy work:

a) Establish bilateral and multilateral political relations and legal frameworks aimed at promoting Vietnam's foreign economic activities and international economic integration;

b) Study, forecast, and provide information on international economic issues and international economic relations; coordinate advisory services and policy development to support economic development and international economic integration; handle issues arising related to foreign economic activities and mobilize political and diplomatic support for such activities as assigned by the Government and the Prime Minister;

c) Lead the development of policies and plans for economic diplomacy; assist ministries, sectors, localities, businesses, and citizens in developing and implementing programs and plans for economic diplomatic activities, expanding and enhancing the effectiveness of international economic cooperation in accordance with the law;

13. Regarding cultural diplomacy work:

a) Develop the legal basis and policies for cultural diplomacy; advise on handling issues related to cultural diplomacy as assigned by the Government and the Prime Minister;

b) Lead the development and implementation of domestic and international cultural diplomacy programs and activities within the Ministry of Foreign Affairs' jurisdiction;

c) Perform the duties of Chairman and Secretariat of the National Committee for UNESCO of Vietnam; act as the permanent body of the National Committee for UNESCO of Vietnam;

14. Regarding external information work:

a) Lead the promotion of foreign affairs activities;

b) Lead the monitoring, research, and compilation of foreign media opinions to serve foreign information work;

c) Announce Vietnam's official stance on international and foreign affairs issues; organize international press conferences within the Ministry of Foreign Affairs' authority and as prescribed by law; lead the preparation of responses to interviews of Party and State leaders regarding international and foreign affairs issues;

d) Manage and grant permission for foreign press activities in Vietnam and accompanying foreign delegations visiting Vietnam within the Ministry of Foreign Affairs' authority and as prescribed by law;

đ) Manage the Ministry of Foreign Affairs' electronic portal and Vietnamese representative offices abroad to serve external information work;

15. Regarding consular work:

a) Protect the interests of the State, the rights and legitimate interests of Vietnamese citizens and legal entities abroad in accordance with Vietnamese law and international law;

b) Carry out consular legalization, consular certification, judicial delegation, civil status, nationality, adoption, entry, and exit procedures for Vietnamese citizens and foreigners under the Ministry of Foreign Affairs' jurisdiction as prescribed by law;

c) Manage and direct consular work of Vietnamese representative agencies abroad, honorary consulates abroad, and provincial external affairs offices under central cities as prescribed by law;

d) Perform other consular tasks as prescribed by law, as assigned by the Government and the Prime Minister, and in accordance with international treaties to which Vietnam is a party;

a) Develop policies and measures to promote legal, safe, and orderly international migration consistent with Vietnam's conditions and international practice;

a) Lead the development of policies and measures to promote lawful, safe, and orderly international migration consistent with Vietnam's conditions and international practices;

b) Lead the guidance and inspection of activities related to Vietnamese citizens migrating abroad;

a) Study, compile situations, propose and implement policies, laws concerning Vietnamese people abroad;

a) Lead the study, compilation, and proposal of policies concerning overseas Vietnamese;

b) Lead the guidance and inspection of work related to overseas Vietnamese;

c) Conduct national solidarity work for overseas Vietnamese, mobilize and support the development of overseas Vietnamese resources; organize, support, and guide overseas Vietnamese organizations and individuals in their connections with the homeland and vice versa, contributing to the country's development;

d) Support and create favorable conditions for overseas Vietnamese to stabilize their lives, integrate into the host society, preserve and promote the cultural identity, language, and fine traditions of the Vietnamese nation;

18. Regarding borders and national territory: Lead and coordinate with relevant ministries, agencies, and localities as prescribed by law:

a) Propose policies, strategies, measures, and conduct research, compilation, and evaluation of border and territorial situations on land, islands, airspace, and maritime zones of Vietnam; resolve legal disputes over borders and territories; engage in political, diplomatic, legal, and public opinion struggles to protect borders, territorial integrity, sovereignty, sovereign rights, and jurisdictional rights of Vietnam on land, islands, airspace, and maritime zones;

b) Advise and propose the determination of national borders, the scope of sovereignty, sovereign rights, and jurisdictional rights of Vietnam on land, islands, airspace, and maritime zones;

c) Advise, propose, and organize negotiations for border and territorial demarcation; determine the boundaries of airspace and maritime zones between Vietnam and neighboring countries; sign, cooperate, and implement international treaties related to borders and territories with relevant countries; request reports from relevant ministries, agencies, and localities on border management and protection on a regular or ad hoc basis;

d) Advise, propose, and implement policies, strategies, planning, and development of border gate systems along the land border nationwide; advise the Government on opening and upgrading land border gates and measures to ensure the stability and clarity of the border and national boundary markers; establish a national database on borders and territories.

19. Regarding the management of Vietnamese representative offices abroad:

a) Be responsible before the Government for managing state administration over Vietnamese agencies abroad; direct and inspect the implementation of the State's foreign policy and the performance of the functions and duties of Vietnamese agencies abroad and their members as prescribed by law;

b) Organize the implementation of legal provisions on the organization and staffing of Vietnamese representative offices abroad;

c) Appoint, relieve from duty, assign, and recall members of Vietnamese agencies abroad according to the provisions of law, except for members of agencies specified in point c, Clause 10, Article of this Law;

d) Guide and organize the management and use of assets, material infrastructure, technology, and funds of Vietnamese agencies abroad as prescribed by law;

20. Regarding the management of external activities of representatives of Vietnamese agencies and organizations abroad (hereinafter referred to collectively as Vietnamese agencies and organizations abroad):

a) Guide and inspect the implementation of the State's policies, tasks, and authorities of Vietnamese agencies and organizations abroad as prescribed by law;

b) Take the lead in implementing support activities and creating conditions for Vietnamese agencies and organizations abroad to perform their functions, tasks, and authorities as prescribed by Vietnamese law, the receiving country's law, and international law;

21. Manage the activities of diplomatic agencies, consular agencies, honorary consulates of foreign countries, and agencies of intergovernmental international organizations located in Vietnam according to Vietnamese law and international law;

22. Manage foreign non-governmental organizations in Vietnam; issue, extend, amend, supplement, and revoke registration certificates of foreign non-governmental organizations in Vietnam according to the provisions of law;

23. Regarding treaty and international agreement work:

a) Implement state management over treaty and international agreement work;

b) Inspect proposals for signing and joining international treaties submitted by ministries, ministerial-level agencies, and related agencies before submitting them to the Government, and provide opinions on international agreements submitted by ministries, ministerial-level agencies, and other related agencies according to the provisions;

c) Take the lead in advising, researching, and proposing negotiations on international treaties related to war, peace, and national sovereignty according to the provisions of law;

d) Take the lead or coordinate in reviewing and comparing the final texts of international treaties, coordinate with foreign counterparts to organize the signing ceremony of international treaties during high-level visits of Vietnamese delegations abroad or foreign delegations in Vietnam, except where there is a different agreement with the foreign signatory or a different decision by the competent state agency;

đ) Provide comments and evaluate the compatibility of draft laws, ordinances, decrees with relevant international treaties to which the Socialist Republic of Vietnam is a party according to the provisions of law;

e) Take the lead in building and operating a database on international treaties of the Socialist Republic of Vietnam;

24. Take the lead in formulating and implementing Vietnam's policies at multilateral forums concerning the development of international law;

25. Manage the organizational structure, staffing, job positions, implement salary systems, training, capacity building, commendation, rewards, disciplinary actions, and other policies for civil servants, public officials, and employees under the Ministry of Foreign Affairs' jurisdiction according to the provisions of law;

26. Conduct inspections and checks on the implementation of legal provisions in areas under the Ministry of Foreign Affairs' administrative jurisdiction; organize citizen reception, handle complaints and denunciations; prevent and combat corruption, waste, and violations of law in areas under the Ministry of Foreign Affairs' administrative jurisdiction according to the provisions of law;

27. Manage and organize financial, state asset, and basic construction investment work under the Ministry of Foreign Affairs' jurisdiction as prescribed;

28. Manage and organize the implementation of tasks related to administrative reform, digital transformation, application of technology for electronic government and digital government, diplomatic cryptic work, information security, and safety within the Ministry of Foreign Affairs' jurisdiction according to resolutions, programs, and plans approved by the Government and the Prime Minister, and according to the provisions of law;

29. Implement public service activities in areas under the Ministry of Foreign Affairs' administrative jurisdiction according to the provisions of law;

30. Perform other tasks and powers assigned by the Government or the Prime Minister, or as prescribed by law;

Article 3. Organizational Structure

2. American Department.

3. Northeast Asia Department.

3. The Northeast Asia Division.

4. Southeast Asia - South Asia - South Pacific Department.

5. Middle East - Africa Department.

6. Foreign Policy Department.

7. Department of Economic Synthesis;

8. ASEAN Department.

9. International Organizations Department.

10. Department of Multilateral Economic Cooperation;

11. Department of Cultural Diplomacy and UNESCO;

12. Department of Law and International Treaties;

13. Department of Foreign Language Translation;

14. Department of Information and Press;

15. Cadre and Civil Servant Management Department.

16. Office of the Ministry;

17. Inspectorate of the Ministry;

18. Cryptographic Technology Information Bureau;

19. Consular Bureau;

20. National Reception Bureau;

21. Overseas Vietnamese Affairs Bureau;

22. Administrative Financial Management Bureau;

23. Ho Chi Minh City Department of Foreign Affairs;

24. DECREES:Border Commission;

25. State Committee for Overseas Vietnamese;

26. Diplomatic Academy;

27. World and Vietnam Newspaper;

28. Vietnamese agencies abroad;

Organizations specified from Clause 1 to Clause 25 of this Article assist the Minister of Foreign Affairs in performing state management functions; organizations specified from Clause 26 to Clause 27 of this Article are public service units under the Ministry of Foreign Affairs;

Organizations specified in Clause 28 of this Article are Vietnamese agencies abroad established by the Government and directly managed by the Ministry of Foreign Affairs;

The European Department shall be organized into five divisions; the Departments of Cadre and Civil Service Organization, Law and International Treaties shall be organized into four divisions; the Departments of Americas, Northeast Asia, Southeast Asia-South Asia-South Pacific, Middle East-Africa shall be organized into three divisions;

The Minister of Foreign Affairs shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structures of the State Committee for Overseas Vietnamese, the Border Commission, and the Diplomatic Academy; submit to the Prime Minister for issuance the list of other public service units under the Ministry of Foreign Affairs;

The Minister of Foreign Affairs shall specify the functions, tasks, powers, and organizational structures of the organizations under the ministry, except for those specified from Clause 24 to Clause 26 of this Article;

Article 4. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from December 1, 2022.

2. This Decree replaces Decree No. 26/2017/NĐ-CP dated March 14, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, and Decree No. 29/2020/NĐ-CP dated March 3, 2020 of the Government amending Article 3 of Decree No. 26/2017/NĐ-CP dated March 14, 2017.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related agencies and organizations shall be responsible for implementing this Decree.